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HomeMy WebLinkAboutCouncil Actions 02-21-89REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL February 21, 1989 2:00 p.m. AGENDA FOR THE COUNCIL Trout 129472) Call to Order -- Roil Call· All present. John W. Newman The invocation will be delivered by the Reverend ~x~ ~r~;r~, Chaplain, Roanoke Memorial Hospital· The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. BID OPENINGS C-1 C-2 C-3 A. Bids for replacement of chemical feeders at the Carvins Cove Filter Plant· Three bids were referred to a com- mittee composed of Messrs. Garland, Chairman, Kiser and Clark for tabulation, report and recommendation to Council. CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW· THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meetings of Council held on Monday, November 14, 1988, and Monday, November 21, 1988. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A report of the City Manager with regard to concerns expressed by Mr. Levy M. Cruise, 2813 Kennedy Avenue, N. E., relating to possible animal control violations. RECOMMENDED ACTION: Receive and file· A communication from Mr. W. Alvin Hudson, Sheriff, City of Roanoke, transmitting a Modification to the Intergovernmental Agreement with the United States Marshals Service, which increases the rate paid by federal agencies for housing federal prisoners in the Roanoke City Jail from $35.00 to $44.00 per day. RECOMMENDED ACTION: Receive and file. (1) Request of the City Manager for an Executive Session to discuss the acquisition of real property for public purpose, pursuant to Section 2.1-344 (a) 13), Code of Virginia 11950), as amended. C-4 C-5 A communication from Mayor Noel C. Taylor reauesting an Executive Session to discuss a personnel matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. RECOi~MENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a personnel matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Ouatification of Mr. L. Bane Coburn as a member of the Personnel and Employment Practices Commission for a term ending June 30, 1990. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: None· Reports of Officers: a. City Manager: Briefings: 1. A report with regard to planning for City recycling activities. Received and filed. Items Recommended for Action: 2. A report reco~nending approval of the concept and appropriation of $310,000.00 for installation of street lighting on Aviation Drive, and Hershberger Road from Ordway Drive to Grandview Avenue, N. W. Adopted Ordinance No. 29472 and 29473. {6-I, Mr. Bowers voting no.) 3. A report recorrg~ending denial of the request of Mr. Whitey Taylor to use Victory Stadium for automobile races. Carried over to the regular meeting of Council to be held on Monday, March 20, 1989. Director of Finance: 1. A financial report for Received and filed. Reports of Committees: None. the month of January, 1989. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: (2) Ordinance No. 29450, on second reading, permanently vacating, discontinuing and closing a certain alley twelve feet in width extending in a northwesterly direction from Eastgate Avenue, N. E., for a distance of one hundred and twenty-five feet, situated between Official Tax Nos. 3230910 and 3230911. Adopted Ordinance No. 29450. (7-0/ Ordinance No. 29451, on second reading, permanently vacating, discontinuing and closing all of Thirty-Sixth Street~ N. W., from its point of beginning adjacent to the south right-of-way line of Densmore Road, N. W., extended to its terminus approximately 135 feet south of Densmore Road, N. W., at the northern boundary line of the property of Roanoke Country Club, Inc., bearing Official Tax No. 2671006. Adopted Ordinance No. 2945/. (7-0) c. Ordinance No. 29452, on second reading, rezoning a 1.206 acre tract of land and a 1.603 acre tract of land, situated between King Street, N. E., and U. S. Route 460, Hickory Woods, and being portions of Official Tax No. 7090521, from RS-3, Residential Single Family District, and LM, Light Manufacturing District, respectively, to RM-2, Residential Multi-Family, Medium Density District. Adopted Ordinance No. 29452. (7-01 d. Ordinance No. 29453, on second reading, rezoning a tract of land lying in the 100 block of Elm Avenue, S. W., con- taining 0.34 acre, more or less, identified as Official Tax Nos. 1021005 - 1021007, from C-1, Office District, to RM-4, Residential Multi-Family, High Density District. Adopted Ordinance No. 29453. 17~0) e. Ordinance No. 29454, on second reading, rezoning a parcel of land located at 2416 Clifton Avenue, N. W., described as Lot 36, Block 2, Map of Villa Heights, identified as Official Tax No. 2430806, from RS-3, Residential Single Family, Medium Density District, to RM-1, Residential Multi-Family, Low Densit~ District. Adopted Ordinance No. 29454. (7-0) f. Ordinance No. 29455, on second reading, rezoning a tract of land located at 2920 Sweetbriar Avenue, S. W., being Lots 4 through 6, respectively, C. F. Kefauver Map, identified as Official Tax Nos. 1651004 - 1651006, respectively, from RS-3, Residential Single Family, Medium Density District, to C-I, Office District. Adopted Ordinance No. 29455 g. Ordinance No. 29456, on second reading, rezoning a tract of land lying to the north of Wise Avenue, S. E., at the intersection of 18th Street, S. E., being the rear portions of two lots in Block 36 and a strip of land between Lots 35 and 36, McDonald Addition, more particularly described as Official Tax Nos. 4210235, 4210237 and 4210238, from RM-1, Residential Multi-Family, Low Density District, to LM, Light Manufacturing District. Adopted Ordinance No. 29456 I7-0) · (3) Ordinance No. 29468, on second reading, amending and reor- daining certain sections of the 1988-89 Capital Fund Appropriations· Adopted Ordinance No. 29468. (7-0) i. Ordinance No. 29469, on second reading, providing for the acquisition of real estate needed by the City for the construction of the Williamson Road Storm Drain Phase II, Contract I-D; authorizing the City Manager to fix to a cer- tain limit the consideration to be offered by the City for the needed real estate; providing for the City's acouisi- tion of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of corr~encing the project; and directing the mailing of this ordinance to the property owners. Adopted · Ordinance No. 29469. (5-0, Mayor Taylor and Vice Mayor Motions and Miscellaneous Business: Inouiries and/or comments by the Mayor and Members of City Council· Vacancies on various authorities, boards, commissions and committees appointed by Council· 10. Other Hearings of Citizens: ~ 8.i. Fitzpatrick abstained from voting. (4) MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE CYn~ce of ~e Ci~, Cle~ February 15, 1989 File #54 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to concerns expressed by Mr. Levy M. Cruise, 2813 Kennedy Avenue, N. E., was before the Council of the City o~ Roanoke at a regular meeting held on Tuesday, February 21, 1989. On motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, - Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Levy M. Cruise, 2813 Kennedy Avenue, N. E., Roanoke, Virginia 24012 Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. M. David Hooper, Chief of Police Ms. Dolores C. Daniels, Citizens' Request for Service Room 456 Municipal Buil~ln<:j 215 C~uP:h Avenue S.W Roanoke Virginia 24011 (703) 98t-2541 C!,"-¥Ri:' : , ;: :' u February 21, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor Taylor and Members of Council: Subject: 2819 Kennedy Avenue N. E. Animal Control Violations At the regular meeting of City Council on Monday, October 10, 1988, Mr. Levy M. Cruise, 2813 Kennedy Ave. N.E. appeared before council and related his concerns about dogs being maintained at the above referenced location. Specifically, he questioned whether or not the dogs had been licensed and if their being kept at that location was legal. Subsequent to his appearance before City Council, Animal Control Officers investigated the conditions at 2819 Kennedy Avenue and found them to be in compliance with ordinances regulating dogs. At that time three dogs were found inside a fenced-in yard. All had the appropriate shots and licenses. Excessive barking and/or odors were not found. Mr. Cruise was contacted by the Animal Control Officer and advised of his findings. Animal Control Officers have periodically checked the location since his appearance before Council and have found both the dogs and the owner's maintenance of the dogs to be in compliance with ordinance requirements. The Assistant to the City Manager for Community Relations has talked with Mr. Levy Cruise and he appeared satisfied with the increased patrol and monitoring being done by the Animal Control Department. Page 2 February 21, 1989 This area will be checked regularly for possible animal control violations. Respectfully submitted, W. Robert Herbert City Manager WRH/dd cc: Mr. W. C. Dibling, Jr., City Attorney Mr. George Snead, Jr., Director, Administration and Public Safety M. David Hooper, Chief of Police Mrs. Dolores Daniels, Assistant to the City Manager for Community Relations the Ci~ February 16, 1989 Mr. Levy M. Cruise 2813 Kennedy Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Cruise: Please be advised that the enclosed report is included on the agenda of the Council of the City of Roanoke for its meeting on Tuesday, February 21, 1989, said Council meeting to begin at 2:00 p.m. in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room 456 Munici~l Building 215 C~urch Avenue SW Roanoke ~rg~nia 240tl (703) 981-2541 Office of ~ Ci~ Cler~ February 22, 1989 File #121-123 The Honorable W. Alvin Hudson City Sheriff Roanoke, Virginia Dear Sheriff Hudson: Your cor~vunication transmitting copy of a Modification to the Intergovernmental Agreement with the United States Marshals Service, which increases the rate paid by federal agencies for housing federal prisoners in the Roanoke City Jail from $35.00 to $44.00 per day, was before the Council of the City of Roanoke at a regular meeting held on Tuesday, February 21, 1989. On motion, duly seconded and unanimously adopted, the report was received and filed. '~'~ ~ ~'Sincerely' ~l~t~.~t~ Mary F. Parker, CMC City Clerk MFP: ra Room 456 MunJcil:x~l Builclln(:j 215 C~urch Avenue, SW. Rocino~e ",~rg~nia 24011 (703) 981-254't P. O. Box 494 Roanoke, Virginia 24003 (703) 981-2721 February 14, 1989 Honorable Mayor Noel Taylor and Members of the City Council Office of the Mayor Municipal Building - Room 452 215 W. Church Avenue Roanoke, Virginia 24016 RE: Rate Increase For Housing Federal Prisoners Dear Mayor and Members of City Council: I am pleased to inform you that I have just finished negotiating a modification to the Roanoke City Jail's agreement with the United States Marshals Service which also includes all federal agencies who use the Roanoke City Jail to house prisoners. This modification to our agreement will increase the rate paid by federal agencies for housing federal prisoners in the Roanoke City Jail from $35.00 per day to $44.00 per day. This increase should be right in line with the operational cost for housing prisoners. With personal regards, I am Sincerely, W. Alvin Hudson Sheriff WAH/gm CC: W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance Mary Parker, City Clerk U.S. Department of Justice United States Marshals Service Western District of Virginia 210 Franklin Road S. W., Room 247 Post Office Box 2280 Roanoke, Virginia 24009 February 1, 1989 Sheriff W.A. Hudson P.O. Box 494 Roanoke, Virginia 24003 REs Requested Rate Increase - Roanoke City Jail Dear Sheriff Hudsona Please find enclosed three copies of Marshals Service WModification of Intergovernmental Agreementm that reflect the requested rate increase for your facility. Please sign all three copies under Section 11, and return two copies to my attention as directed under Section iO-B. Your cooperation is appreciated. WDB/aw Wayne D. Beaman Onited States Marshal · U.$~ D~partment of Justice United States Marshals Service Modification of Intergovernmental Agreement 1. MODIFICATION NO. ' 2. EFFECTIVE DATE OF MODIFICATION Two Januarr 1. 1989 3. ISSUING OFFICE 4. LOCAL GOVERNMENT 5. IGA NO. u.s. ~ mm~ J-A84-M-067 ~ ~ ntw,_~ 6. FACILITY COI31~S) ~ ~0 ~ Mw mu~g, ~x~ 10~ Roanoke City Jail ~n~s~, VA 22202-42~0 324 Campbell Avenue Roanoke, Virginia 24016 7. ACCOUNT~GCFFATION 15X1020 8. FUNDING AMOUNT $344,388.00 9. EXCEFi' AS PROVe)ED SPECLFICALLY HEREIN, ALL TERMS AND CONDr~ONS OF THE IGA DOCUMENT REFERRED TO ~q BLOCK 5, REMAIN UNCHANGED. TERMS OF THIS MOD~CAI~ON: The purpose of this modification is to increase the Jail day rate from $35.00 to $44.00. 10. INSTRUCHONS TO LOCAL GOVERNMENT FOR EXECU~ON OF T~S MOD~ICATION: A. [] LOCAL GOVERNMENT ~S NOT REQU~ED B. [] LOCAL GOVERNMENT ~ REQU~ED TO SIGN THIS DOCUMENT T~) SIGN THIS DOCUIvIENT AND RETURN ~ COPIES TO U.S. MARSHAL 11. APPROVALS: Operations Division Form USM-241a Rev. 9/86 Page of Pages CiTY '89 FEi! 21 P1:26 Roanoke, Virginia February 21, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda for an Executive Session to discuss acquisition of real property for public purpose in accordance with Section 2.1-344(a)(3) of the Code of Virginia. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm cc: City Attorney Director of Finance C~ce of ~he February 21, 1989 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session matter, pursuant to Section 2.1-344 (a) (1950)~ as amended. to discuss a personnel (1), Code of Virginia Sincerely, Noel C. Taylor Mayor NCT:se Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, ~,'irginia 24011 (703) 98t-2444 Office of the City Cler~ February 22, 1989 File #15-202 Mr. Frederick L. Bulbin, Chairman Personnel and Employment Practices 2620 Richelieu Avenue, S. W. Roanoke, Virginia 24014 Commission Dear Mr. Bulbin: This is to advise you that Mr. L. Bane Coburn has qualified as a member of the Personnel and Employment Practices Convnission for a term ending June 30, 1990. Sincerely, ~l~.~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Kenneth S. Cronin, Manager, Personnel Management Room 456 Municipal Building 21§ C~urch Avenue, SW Poanoke, Virginia 2401 t (703) 981-2-54. t S~ate o~ Virginia, Oitll o~ Roanoke, to .~gt: I, L. Bane Coburn , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Personnel Employment and Practices commission for a term ending June 30, 1990. according to the best of my ability. So help me God. /sfA ay of Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Briefing, Planning for Gity Recycling Activities -- Citizen Survey and Workshops I. BACKGROUND A. Current and Future Landfills~ Solid Waste Disposal Costs and Current Recycling Activities 1. Landfill currently used by the City and operated by Roanoke Valley Regional Solid Waste Management Board will be at capacity in three to four years. 2. New landfill will be required to meet more stringent regulations of Virginia Department of Waste Management which will result in estimated per-ton disposal charge ("tipping fee") of $30 to $35 (1991 dollars). 2 3. Solid waste disposal charges have already begun to increase in preparation for costs of closing current landfill and constructing new one. Landfill fees for participating governments rose from $11 to $13 per ton in December 1988 and, most recently, to $16 per ton. 4. Regional solid waste management board (landfill board) commissioned recycling study; it has been submitted to participating local governments for their comments. Existing recycling efforts within City include: a. drop-off center, operated by Clean Va] ley Council and Cycle Systems; b. private sector buy-back centers; c. recycling of paper and other materials by businesses and industries; d. Cycle Systems and other private sector recycling and salvage operations; e. recycling activities sponsored by volunteer organizations; and Mayor Taylor and Council Members Page 2 f. City government activities, such as: · drop-off center to be established at Public Works Service Center off Williamson Road; · paper recycling within Municipal Building complex; · reuse of leaf collections and brush and stumps from City property for mulch; and · use of sludge for land application. B. Recycling: Why It Makes Good Sense for Roanoke 1. Direct benefits to City would result from recycling: removal of reusable materials from municipal solid waste stream would reduce amount of solid waste City must dispose of, thereby reducing associated disposal costs. 2. Indirect benefits to City would be realized from recycling through extension of current landfill's life and reduction in size of future landfill or extension of its life. 3. Two of City Council's strategic issues would be addressed by recycling activities: enhancement of environmental quality and promotion of City's image as progressive community. 4. Statewide ob.$ective of recycling 25 percent of solid waste stream by 1995 would be promoted through implementation of local recycling efforts. Il. CURRENT SITUATION A. City Recycling Task Force I. Members of Recycling Task Force are: Kelly M. Whitney, Recycling Coordinator for the Clean Valley Council William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations James D. Grisso, Deputy Director of Finance Donald E. Keaton, Manager of Refuse Collection Jimmie B. Layman, Manager of Parks and Recreation/Grounds Cline C. Hollandsworth, Superintendent of Grounds Maintenance Tamasin Roop, Budget/Management Analyst and Task Force Leader Mayor Tmylor and City Council Page 3 2, Charge of task force with recommended motion activities. is to provide City Mmnager plan for City recycling 3. Timeframe for study is approximately six-months with anticipated completion date of mid-July. 4. Factors to be considered by task force include (but are not limited to): -- needs and abilities of Roanoke citizens; -- assessment of recycling alternatives set out in Olver, lnc.'s recycling evaluation; -- need and opportunities for regional coordination of recycling activities; -- establishment of City recycling goals; -- costs and budget impacts of feasible recycling options; and -- estimated timeframes ~or implementation of recycling efforts. 5. Task Force and City are committed to obtaining adequate citizen input during early stages of study process. Survey of City residents and citizen workshops will be utilized to obtain this input. Survey/Research Project i. Purpose Determination of City residents' currenf attitudes toward recycling and their levels of awareness regarding regional recycling issues will be obtained. ii. Description Survey will: · be carefully designed to produce valid and reliable data and credible results; · Re representative of all City households in terms of City's total residential population; · provide a breakout of responses according to demographic characteristics and residential quadrant of those surveyed; and · be conducted by telephone (by trained, temporary employees). Mayor Taylor and City Council Page 4 iii. Virginia Tech linkage Survey of City residents is part of overall research project which includes development o~ methodology, design of survey questionnaire, and analysis of survey results (data). Research project will: · be conducted by team of six students in graduate research class of Virginia Tech's Department of Urban Affairs and Planning; · be guided and closely monitored by Professor Patricia K. Edwards, who has national reputation as first-rate · have substantial City input through Task Porce leader and other officials (especially in the design of survey questionnaire); · be complete by end of April 1989; and · promote cooperation between Virginia Teoh and City and provide foundation for future cooperative research efforts. iv. Cost and FinancinK · Total cost of survey/research project will be $3,990. · Financing will be by way of funds available in Refuse Collection budget. b. Citizen workshops i. Purpose Additional, and very specific, information which cannot be obtained by way of survey process will be obtained from City residents, such as how and where various recycling approaches would work most effectively and how participation in recycling can be encouraged. Mayor Taylor and Council Members Page 5 ii. Description · Four public workshops will be held initially. · Workshops are slated for mid- to late May, following receipt of report on survey findings. · Input from City residents and other interests, such as environmental groups, will be sought. · Format of each workshop will consist of: -- educational presentation on regional solid waste management issues~ recycling as means to reduce amount of solid waste landfil led and various recycling options available; -- smaller group sessions in which specific issues will be addressed and responses obtained and ranked. · Final public meeting will be conducted in late June; Task Force will inform public how citizen input was incorporated into draft plan of action and obtain feedback prior to submitting final recommended plan of action to City Manager. iii. Cost and Financing · Total cost of public workshops and final meeting is estimated to be not more than $1,000. · Financing will be by way of funds available within existing operating budget. II1. SUMMARY A. Citizen input and guidance is extremely important to planning and development of City recycling programs and activities. B. Citizen survey and workshops are planned as means to obtain input from and information about citizens' attitudes, opinions and preferences. Mayor Taylor and Council Members Page 6 C. Funding is available to undertake survey and conduct workshops. to WHR:TR pc: Respectfully submitted, W. Robert Herbert City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. $chlanger, Director of Finance William F. Clark~ Director of Public Works Kit B. Kiser, Director of Utilities and Operations James D. Ritchie, Sr., Director of Human Resources George C. Snead, Jr., Director of Administration and Public Safety Barry L. Key, Manager, Office of Management and Budget Members, RecycJing Task Force Barbara V. Dowdy, Neighborhood Planner FOOTNOTES 1. Olver~ Inc., Phase I Recycling Evaluation for Roanoke Valley Service Area, (Blacksburg, Virginia, October 1988) 2. Olver, inc., Solid Waste Management Plan for the Roanoke Valley Region, iBlacksburg, Virginia, April 1988), p. 3. 3. Op. cit., Phase I Recycling Evaluation ~or Roanoke Valley Service Area, Appendix A iGeneral Assembly of Virginia, 1986 Sessions House Joint Resolution No. Office of ~e Ci~ Cler~ February 22, 1989 File #46-29 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29473, authorizing the purchase by the City from Appalachian Power Company of certain required street lighting equipment for portions of Hershberger Road and Aviation Drive, N. W., upon certain terms and con- ditions, which Ordinance No. 29473 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 21, 1989. Sincerely, ~'~t~t,~ Mary F. Parker, CMC City Clerk MFP: ra Enco pc: Mr. Mark A. Lynch, Energy Services Supervisor, Appalachian Power Company, P. 0. Box 2021, Roanoke, Virginia 24022-2121 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. William M. Mullins, Manager, Signals and Alarms Mr. Charles M. Huffine, City Engineer Room 456 Munlcil:x~l Building 215 Church Arc-,hue SW Roanoke. V~rg~nia 240t t (703) 98'~-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of February, 1989. No. 29473. AN ORDINANCE authorizing the purchase by the City of certain required street lighting equipment for portions of Hershberger Road and Aviation Drive, upon certain terms and conditions; and providing for au emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized and directed to issue the requisite purchase orders for purchase by the City from Appalachian Power Company certain poles and lights in con- nection with the proposed lighting plan for certain portions of Hershberger Road and Aviation Drive, and to provide for the cost of construction of such facilities as more specifically set forth in the report to this Council dated February 21, 1989. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Cle~ February 22, 1989 File #60-46 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29472, amending and reor- daining certain sections of the 1988-89 Capital Fund Appropriations, to provide for the transfer of $310,000.00 from Undesignated Capital Funds to Street Lighting, in connection with installation of street lighting on Aviation Drive and Hershberger Road from Ordway Drive to Grandview Avenue, N. W., which Ordinance No. 29472 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 21, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc o pc: Mr. Mr. Mr. Mr. W. Robert Herbert, City Manager William F. Clark, Director of Public Works William M. Mullins, Manager, Signals and Alarms Charles M. Huffine, City Engineer Room 456 Municipal [~uildlng 2t5 C~urch Avenu~ SW R~xlno~e. ~rg~nia 24~1 ~ (703) 98~-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of February, 1989. No. 29472. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for Government the usual daily operation of the Municipal of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Traffic Engineering Street Lighting (1) ................................ Fund Balance $ 1,552,625 310,000 Fund Balance - Unappropriated (2) .................. $ 1,271,627 (008-052-9626-9003) (008-3325) $ 310,000 (310,000) 1) Appr. from General Revenue 2) Fund Balance - Unappropriated BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '89 Roanoke, Virginia February 2i, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Hershberger Road / Aviation Drive Street Lighting I. Background Hershberger Road improvements are completed after a number of highway projects covering a number of years. Street lighting on areas with overhead electrical line~ has been installed; these areas are: 1. Williamson Road west to Grandview Avenue 2. Ordway Drive west to Cove Road Provisions were made for future street lighting on and under bridges during various construction projects. City has Street Lighting Agreement with Appalachian Power Company which establishes cost of facilities and monthly operating and maintenance costs. II. Current Situation Airport Terminal Building located on Aviation Drive is scheduled for completion on or before September 1989. This will increase traffic on the Hershberger Road / Aviation Drive interchange. Townsquare Shopping Aviation Drive also the interchange. Center's new entrance located on has increased traffic weaving on Presently there is no street lighting located on Aviation Drive, Hershberger Road from Ordway Drive to Grandview, and City maintained streets, (Valley View North, Valley View West, and Valley View Boulevard), into Valley View Shopping Center. This area is very dark and consists of two (2) interchanges, thus requires a number of lane changes to leave 1-581 northbound to proceed to the Airport. Members of Council Page 2 III. IV. Plans and preliminary estimates have been developed by Appalachian Power Company (APCO) at the City's request and in compliance with the street lighting agreement to properly light the areas noted in II-C above. Not included in the APCO estimate is: 1. Underbridge lightinq for Hershberger Road / Aviation Drive Bridge light fixtures which the City is to provide with a corresponding reduction in charge for electrical consumption. 3. Any contingencies E. Final Plans must be approved by Virginia Department of Transportation and the Federal Aviation Administration. Issues A. Public safety B. Funding 1. Construction 2. Operations and Maintenance C. Conformance with APCO street lighting agreement D. Timeliness Alternatives City Council approve the concept and appropriate $310,000 to cover the cost of aid in construction to APCO and certain poles and lights that the City is required to purchase. Public safety - will be enhanced by having a well lighted roadway when merging, weaving, turning, and slowing in these sections of City streets. 2. Funding (a) Construction - is available Undesignated Capital Funds. in the (b Operations and Maintenance - not required in FY 88-89; will be included in FY 89-90 in the amount of approximately $50,000 which includes street lighting and underbridge electrical costs. Members of Council Page 3 Conformance with APCO Street Lighting Agreement - Agreement sets certain rates for each type of light and allows a certain amount for cost of facilities. Any cost above this must be paid by the City as aid in construction. Street lights will be purchased under the agreement by purchase orders as a Sole Source Procurement. Timeliness will be met as completion of lighting project will occur at approximately the same time as Airport Terminal Building is completed. City Council not approve the requested funds of $310,000. 1. Public safety will not be enhanced. 2. Funding (a) Construction - will not be an issue. (b) Operations & Maintenance - will not be an issue. 3. Conformance with APCO Street Lighting Agreement - will not be an issue. 4. Timeliness - Project cannot be completed coincide with new Airport Terminal opening. V. Recommendation to City Council approve Alternative "A". Appropriate $310,000 from Undesignated Capital Funds to a new account in the Capital Projects Fund entitled Hershberger / Aviation Street Lightinq; and Authorize the City Manager to issue purchase orders to APCO for the required lighting equipment. WRH:WMMjr:Jrm copy: Respectfully submitted, W. Robert Herbert City Manager City Attorney Finance Director Director of Public Works Manager of Signals & Alarms City Engineer Mr. Mark A. Lynch, APCO Energy Services Supervisor Attachment: Letter from APCO Dated 11/16/88 PO Box 2021 Roanoke, VA 24022-2121 703 985 2300 APP~L~C~IIAN November 16, 1988 Mr. W. M. Mullins, Jr. City of Roanoke Manager, Signals & Alarms 1802 Courtlant Roand, N. E. Roanoke, VA 24012 Re: Street Lighting Proposal Hershberger Road, Valley View Boulevard, Airport Area Dear Mr. Mullins: We have completed our proposal for street lighting in the area of Hershberger Road, Valley View Boulevard, and the new airport terminal area. We propose to install the necessary facilities to maintain a minimum average of 1.2 footcandles of light on the roadway. We propose to install gray fiberglass poles, gray sharp cutoff high pressure sodium lighting fixtures, aluminum mounting arms, and the necessary underground facilities required to provide electrical service to the lighting system. Our proposal includes 207 fiberglass poles, 19 br%dge lights, and a total of 226 high pressure sodium lighting fixtures. The monthly rate billing to the City of Roanoke would be: 192 - 50,000 lumen HPS UG @ $17.63 = $3,384.96 15 - 50,000 lumen HPS UG-Twin @ 27.07 = 406.05 8 - 50,000 lumen HPS-Bridge @ 9.44 = 75.52 11 - 9,500 lumen HPS-Bridge @ 5.47 = 60.17 226 - Total lights $3,926.70 per month The total preliminary estimated cost of this project is $461~!90. According to our street lighting agreement, we will allow a total of $178,044 toward the cost of construction. Therefore, the City will be required to provide ~]~ as an aid-to-construction~ The project has been designed using our standard lighting arms, and poles. If the City wants to use a bronze pole, arm~ a~~ lighting fixture, the additional cost is estimated to be $9~752 Mr. W. M. Mullins, Jr. November 16, 1988 Page 2 The design of the project has been based on several assumptions: The necessary permits from the Virginia Department of Transportation for the installation of the lights and electrical facilities providing service to the light~ can be obtained. 2. A study must be concluded that will insure that we do not violate the "FAA" clear zone restrictions in this area. We are awaiting your reply to this proposal so that a final design can be finished. It would be our recommendation that this p~oject be completed prior to the opening of the new airport terminal in late summer, 1989. Sincerely, /Ena%krg~'sLeYrvn%ces Supervisor ds February 21, 1989 TO: FROM: SUBJECT: Honorable Mayor and Members Joel M. Schlanger Monthly Financial Report of City Council Attached is a copy of the financial report for the month of January, 1989. Director JMS/kp GENERAL FUND CONTINGENCY BALANCE AS OF JANUARY 31, 1989 General Contingency: Balance July 1, 1988 Economic Development Economic Development Economic Development Social Services Health Department Health Department Contributions Social Services Jail Finance City Manager Economic Development Building Maintenance Economic Development City Manager Emergency Services Residual Fringes TAP State Reimbursement Municipal Auditing Engineering Commonwealth Attorney City Manager Grounds Maintenance Clerk of Circuit Court Building Maintenance Economic Development Advertising Advertising Trinkle Property Option Local Match Equipment Equipment Christmas Decorations Local Match Local Match Equipment Subsidy to VWCC Supplies Building Remodeling Trinkle Building Expenses PTI Professional Services NOAA Wire Service BC/BS Transitional Living Center Jail Pods Independent Audit Soil Survey Local Salary Match Strategic Planning Equipment Rental Management Services Buena Vista Rec. Center Property Appraisals 412,097 1,700 4,667 3,000 16,344 4,495 1,847 25,000 6,402 1,200 1,786 1,567 3,000 1,805 1,975 4,540 4,097 26,950 17,847 24,000 8,000 8,500 5,688 3,535 5,000 5,000 2,500 5~000) 264,652 Maintenance of Fixed Assets Contingency: Balance July 1, 1988 200,000 Equipment Replacement Contingency: Balance July 1, 1988 School Board Grounds Maintenance City Treasurer Commissioner of Revenue Billings & Collections Billings & Collections Buses Tractor Personal Computers Computer Printer Equipment Equipment $ 750,000 (150,000) ( 4,870) ( 2,500) ( 3,336) (14,900) (12,706) GENERAL FUND CONTINGENCY BALANCE (Cont.) AS OF JANUARY 31, 1989 Community Planning Community Planning Emergency Med. Services Emergency Med. Services Municipal Parking Garage Personal Computers Personal Computers Communications Equipment Communications Equipment Sweeper $( 4,002) 4,002) 2,060) 5,O0O) 14,106) 532~518 $ 997~170 Total Contingency Balance CITY OF ROANOKE GENERAL FUND STATEMENT OF REVENUE General Property Taxes O~her Local Taxes Permits Fees and Licenses Fines and Forfeitures Revenue Fr~ Use of Money & Education Srante-in-Aid Commonwealth Srants-in-Aid Federal Government Charges for Current Services Non-Revenue Receipts Internal Services Total 14,626,670 $ 15,784,085 7.91% 14,001,936 15,683,141 12.01% 263,994 287,677 8.97% 316,514 411,197 29.91% 704,222 764,228 8.52% 15,961,336 16,576,389 3.85% 9,832,708 10,870,433 10.55% 209,268 121,596 (41.89%) 1,050,691 1,270,315 20.90% 896,768 337,452 (62.37%) 9651773 826,834 (14.39%) 6.98% $ 58.829.880 $ 62,933,347 40,962,775 38.53% 32,867,964 47.72% 428,500 67.14% 497,000 82.74% 1,200,500 63.66% 30,665,130 54.06% 21,948,795 49.53% 27,000 450.36% 1,781,788 71.29% 603,856 55.88% lf494,30~ 55.33% $132.477,608 47.50% 3 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENC~B~BRANCES Seneral Government Judicial A~i-i stration ~blic Safet~ Public Works Health and Welfare Parks, Recreation & Cultaral Co~unitF Development Education Debt Service Non-D~par~ntal Total Year t.o Dote fax the Peria~ 4,000,033 $ 4,560,689 14.02% $ 3,307,737 1,426,643 1,544,703 8.28% 1,327,301 12,683,175 13,478,594 6.27% 10,541,179 9,998,879 11,291,922 12.93% 6,852,350 6,306,334 6,386,222 1.27% 4,921,629 1,806,461 1,966,553 8.86% 1,209,933 ~18,816 650,286 5.09% 451,685 29,725,162 30,774,806 3.53% 27,031,118 5,914,639 5,623,437 (4.92%) 2,463,696 482,459 755,576 56.61% 2,831,048 $ 72,962.601 S 77,032,788 5.58% $ 60,937~676 ~.~Jt F~Lscal Year 7,868,426 57.96% 2,872,004 53.78% 24,019,773 56.11% 18,144,272 62.23% 11,307,851 56.48% 3,176,486 61.91% 1,101,971 59.01% 57,805,924 53.24% 8,087,133 69.54% 3,586~624 21.07% $137,978,464 55.83% 4 CAPITAL PROJECTS FUND STA~ENENT OF EXPENDITURES, ENCUNBRANCES AND UNENCUMBERED APPROPRIATIONS SUIOLARY AS OF JANUARY 31, 1989 Sene. rid C~vernmen% $ 1,831,006 $ 587,096 $ 2,418,102 Education 819,365 6,042,821 6,862,186 Recreation 813,292 813,292 Streets and Bridges 2,351,934 1,903,250 4,255,184 Saflitation Projects 6,068,395 621,310 6,689,705 Traffic Eag. & CoFmmlnication 1,242,625 1,242,625 Other Infrastructure Projects 272,014 357,970 629,984 Capital I~prowment Reserve 2.969.073 4,110,929 7,080,002 Total Capital Projects Fund $16.367.704 $13.623.376 $29,991.080 $ 1,384,767 $ 1,033,335 $ 492,217 $ 541,118 1,436,368 5,425,818 86,586 5,339,232 732,965 80,327 64,268 16,059 2,031,694 2,223,490 1,897,138 326,352 4,989,247 1,700,458 1,230,371 470,087 682,899 559,726 37,I67 522,559 170,433 459,551 201,968 257,583 7,080,002 9,500 7,070,507 $11.428,373 $18,562,707 ~4.019.215 $14.543,497 5 CITY OF ROANOKE WATER FUND COMPARAT1-FE INCOME -gTAT~EN~ FOR THE 7 MONTHS ENDED JANUARY 31, 1989 Operatinq Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Bad Debt Collections Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income 1989 $ 630,463 876,063 63,524 32,023 621,781 257~649 2r481f503 451,845 757,173 249,449 124f482 lf582f949 898,554 391{226 507~328 111,850 2,787 516 2~028 117f181 624,509 10~655 10~655 $ 613~854 1988 $ 603,171 887,587 66,724 32,098 761,065 218~308 2r568f953 428,314 840,585 247,810 106~861 1~623~570 945,383 358~146 587~237 76,162 3,450 479 3~747 83t838 671,075 16~139 16~139 $ 654~936 6 WATER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Water - New Service, Hyd., Lines Water - Unidentified Plant Replacement Water - Fire Hydrants Water Maintenance - Painting FC Plans & Specs CC Security/Concession Replacement FY86 Project Design Chip Drive NE @ RCIT Glade View Drive NE Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures 337,534 85,380 15,377 9,364 7,145 57,158 12,103 5,550 2~775 532,386 12~103 $ 520~283 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. 7 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDED JANUARY 31, 1989 O~erating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Bad Debt Collections Total Non-Operating Income Income (Loss) Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income (Loss) 1989 $2,334,749 361,801 139,380 453,466 28,736 63,458 7f026 3~388~616 702,846 2f536~887 3~239f733 148,883 529f484 ( 380~601) 129,371 14,938 2~021 146t330 ( 234,271) 59t903 59f903 $( 294t174) 1988 $2,336,201 413,895 133,881 568,203 28,259 65,619 6~543 3t552~601 651,263 2~276~327 2t927~590 625,011 521t873 103t138 165,654 8,583 4~397 178~634 281,772 70t722 70~722 211e050 SEWAGE TREATMF/{T FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Unidentified Construction Other Equipment S.T.P. Flood Relief Williamson Road West Sewer Project FY86 Projects Design Mud Lick Sewer - Land Purchase S.T.P. Land Acquisition Williamson Road East Sewer Ph. I, Cont. II Blue Hills Dr. Ext.@ RCIT Fine Mesh Screens Williamson Road Storm Drain Ph. 2, Cont. IIA Norwood Sanitary Sewer Replacement Williamson Road Storm Drain Ph. 2, Cont. IIB Chip Drive, NE @ RCIT Glade View Drive NE Mud Lick Sanitation Sewer Replacment Ph. II Wmsn. Road Storm Drain Ph. 2, Cont. IIC Year to Date Expenditures $ 82,470 7,623 294,556 45,900 22,755 795,289 19,662 380,994 23,943 44,194 386,977 164,278 282,771 4,875 5,175 176,230 26t177 Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures 2,763,869 lt912~797 851~072 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. 9 ROANOKE REGIONAL AIRPORT COMMISSION CX)NPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDED JANUARY 31, 1989 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal Building Rentals Other Property Rentals Advertising Commissions Fuel and 0il Sales Cor~issions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating EXP. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Total Non-Operating Income Income Before Non-Operating Expense Less: Non-Operating Expense Interest Expense Total Non-operating Expense Net Income 1989 $ 270,588 94,303 122,228 17,275 14,575 923,270 23,926 42r418 lr508~583 297,926 745~588 1~043r514 465,069 309~792 155r277 92t881 92~881 248,158 61r928 61r928 $ 186~230 1988 235,261 97,916 118,422 17,037 13,299 888,269 23,772 15t725 1~409t701 242,243 704t869 947~112 462,589 338f470 124r119 89f288 89t288 213,407 64~269 64~269 149~138 10 RO~OK~ REGIONAL AIRPORT CO~ISSION CO~9{ISSION Capital Outlay Not Included in Operating Expenses: Pro~ect Other Equipment Paint Hangars Overlay GA & TW Unidentified Construction Repaint R/W & T/W Markings Roof Repairs - Replacement Runway Extension #23 New Terminal Building Noise Protection and Soundproofing Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 16,534 38,307 31,484 46,425 960 100 275,007 15,522,254 40~487 15,971,558 6~968~085 $ 9r003~473 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. 11 CITY OF ROANOKE Cl~IC CEN'IT~R FUND COMPARATIVE INCOME STATEME~ FOR THE 7 MONTHS ENDED JANUARY 31, 1989 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Communications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income 1989 $ 225,871 40,043 75,757 1,720 63,030 60~424 466f845 297,735 240,365 289,023 32,028 2,149 861,300 394,455) 188f376 582,831) 26,060 2,651 28,711 1988 191,067 32,304 72,232 1,580 52,733 44,951 394,867 271,712 204,053 348,446 29,539 5,206 858,956 464,O89) 168,721 632,810) 28,150 7~087 35,237 Net (Loss) 554,120) 597,573) 12 CIVIC CENTER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Steps on Terrace and Handicap Ramp Trade & Convention Center Study Year to Date Expenditures $ 65,832 23,916 40~000 Total Project Expenditure Less Prior Year Expenditure Total Current Year Expenditures 129,748 15~726 $114~022 NO~E: Some of these projects are continued from FY87 and FY88 with inception to date totals. 13 CITY OF ROANOKE INTERNAL SERVICE FUND CO#PARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDED JANUARY 31, 1989 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Total Non-Operating Income Net Income 1989 $3,614,676 3~614~676 2,106,813 982~752 3~089~565 525,111 360~519 164~592 48~566 48~566 $ 213~158 1988 $3~458~057 3~458r057 1,999,406 1~031~282 3,030~688 427,369 259~063 168~306 43~362 43~362 $ 211~668 14 INTERNAL SERVICE CONTINUED Capital Outlay Not Included in Operating Expenses: Project Mgt. Services - Other Equipment CIS - Other Equipment MVM - Furniture and Equipment MVM - Vehicle Equipment MVM - Other Equipment ULS - Furniture and Equipment UL8 - Other Equipment UL8 - Land Purchase Year to Date Ex~en4itures $ 18,697 75,526 942 28,727 1,754 546 4,975 4~446 Total $ 135~613 15 CITY OF ROANOKE, VIRGINIA CITY TOEASUREO'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR NONTH ENDED JANUARY 31, 1989 TO THE DIRECTOR OF FINANCE: GENERAL ETATEMENT OF ACCOUNTABILITY OF THE CITY TREASURED OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENOEO JANUARY 31, 1989. FUND BALANCE AT RECEIPTS OISBURSENENTS BALANCE AT BALANCE AT DEC. 31, 1988 JAN. 31, 1989 JAN. 91~ 1988 GENERAL $9,759,761.40 $10,969,737.47 $7,806,116.78 $6,917,382.09 $8,944,1D8.31 CAPITAL K17,411~ID~.IB $B54,783.09 $576,038.80 K17,089,840.01 $19,376,734.08 OEBT SERVICE $154,273.04 $773,188.09 $239~D89.85 $68T,BD§.28 $179,7DB.04 WATER $2,64B,87B.4D $32,164.89 $4§4,359.77 kB,BDO,677.§7 $1,937,D32.§6 SEWAGE TREATHEMT $B,667,~61.78 $905,041.34 $733,453.80 $2,838,849.9B $3,D99,D44.0B AIRPORT $3,859,415.35 $386,684.56 $1,148,90B.83 $3,103,136.08 $2,3B8,306.73 CIVIC CENTER $349,539.41 $81,D77.79 $100,666.B0 KBBO,4DI.O0 $385,B79.77 INTEONAL SERVICE $1,387,§7504 $485,594.71 $4§B,473.97 11,370,695.78 $894,095.18 PAYROLL IKB,350,998.D17 $4,4B7,648.~7 $7,089,073.B3 104,952,423.§7) ($3,36D,172.647 PUBLIC ASSISTANCE {$316,3B7.141 $BBB,435.3D $3B9,184.79 ($317,076.587 10~60,963.B4) FIFTH DIBT CONSORTIUM $114,481.D5 $108,078.01 $83,79B.73 $138,7D4.83 $76,834.01 GRANT PROGRAMS ($!,BB0,098.137 $B53,814.68 $936,3D7.39 101,908,6B4.D47 I$DB6,197.737 TOTAL KBB,40B,917.36 $19,006,616.B5 $19,888,9§6.04 SB7,D85,577.D7 $87,71B,309.00 CERTIFICATE I NEDEBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUND5 OF THE VARIOUS ACCOUNTB THEREOF FOR THE MONTH END~NG JANUARY O1, 1989 THAT SAID FOREGOING: CERTIFICATES UNITED STATES CASH OF DEP0SITS 5ECUDITIEB CASH IN HAND CABH IN BANK INVESTMENT5 ACQUIRED FROM COMPETITIVE PROPOSALS: CENTRAL FIOELITY COLONIAL AMERICAN NATIONAL BANK CRESTAR BANK DOMINION BANk SIGNET BANK 50URAN BANK $563,893.91 $461,D83.66 TOTALS $563,993.91 $461,§83.66 $6,000,000.00 $6,000,000.00 $8,000.000.00 $8,000,000.00 S3,000,000.00 $3,000,000.00 $3,000,000.00 $3,000,000.00 $6,D00,000.00 $6,500,000.00 TOTAL5 $1,085,577.57 $17,000,000.00 0%500,000.00 $87,525,577.57 DATE: FEBRUARY 13, 1989 ~ . OOANOKE CITY TOEASUREO 16 CITY OF ROANOKE PENSION PSAN STA'rF~/~T OF REVENUE AND EXPENSES FOR THE 7 MONTHS ENDED JANUARY 31, 1989 City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1989 $ 2,381,656 2,486,292 475,315 135~702 $ 5r478~965 1988 $ 2,692,335 2,280,996 917,812 150~893 $ 6~042~036 EXPENSES Pension Payments Commissions Active Service Death Benefit Expense from Bond Premium Amortization Insurance Expense Administrative Expense Total Expenses Net Income Year to Date $ 2,660,245 206,675 18,506 161,070 94~122 3~140~618 $ 2~338~347 $ 2,353,802 198,928 7,690 155,316 3,296 100~712 2~819{744 $ 3,222~292 17 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF JANUARY 31, 1989 ASSETS Cash Investments: (market value - 1989 $95,388,075 and 1988 $84,268,046) Prepaid Expenses Total Assets 1989 1988 1,608 $( 22,106) 88,962,701 $88~964~309 82,756,200 1~883 82,735~977 LIABILITIES AND FUND BALANCE Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance $86,625,962 2~338~347 88~964~309 $88{964{309 $ 79,513,685 3~222~292 82~735~977 $ 82~735~977 18 Office of the City Clerk February 22, 1989 File #514 Mr. French H. Hagy 1714 Eastgate Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Hagy: I am enclosing copy of Ordinance No. 29450, permanently vacating, discontinuing and closing a certain alley twelve feet in width extending in a northwesterly direction from Eastgate Avenue, N. E., for a distance of one hundred and twenty-five feet, situated between Official Tax Nos. 3230910 and 3230911, which Ordinance No. 29450 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP: ra Ene. pc; Mr. Edgar L. Fisher, Sr., 1703 Templeton Avenue, N. E., Roanoke, Virginia 24012 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Corr~nissioner of Revenue Mr. Van W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Corrgnission Room 456 Municipal Building 21.5 Church A~Uer SW Roono~e. Vircj~nia 24011 (703) 981-254't Mr. French H. Hagy Page 2 February 22, 1989 pc: Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Cor~issioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Corr~ission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Or, ce of ~e City Clerk February 22, 1989 File #514 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 29450, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of a certain alley twelve feet in width extending in a northwesterly direction from Eastgate Avenue, N. E., for a distance of one hundred and twenty-five feet, situated between Official Tax Nos. 3230910 and 3230911, which Ordinance No. 29450 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, Mary F. ~arker, City Clerk CMC MFP:ra Enc. pc: Mr. French H. Virginia 24012 Hagy, 1714 Eastgate Avenue, N. E., Roanoke, Room 456 Munlcipol Building 215 Church Avenue SW Roanoke V~rg~nici 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29450. AN ORDINANCE permanently, vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, French H. Hagy has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right- of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on February 13, 1989, after due and timely notice thereof as required by S30-14, Code'of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, Virginia, Virginia, BE IT ORDAINED by the Council of the City of Roanoke, that the public right-of-way situate in the City of Roanoke, and more particularly described as follows: be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in together with the right of replacement of such lines, or across said public right-of-way, ingress and egress for the maintenance or mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office ou which said right-of-way is shown, referring to the book and page or ordinances and resolutions of A certain 12-foot wide alley extending in a north- westerly direction from East Gate Avenue, N. E., for a distance of 125 feet, situated between Official Tax Nos. 3230910 and 3230911. the Council of the City of RoanOke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing Roanoke, Virginia, as Grantor, the names of any other parties Grantees. the same in the name of the City of and in the name of French H. Hagy, in interest who may so request, as and ATTEST: City Clerk. '89 J, N 24 '¢3 Roanoke Cily Planning Commission February 13, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members Subject: II. of Council: Request from Mr. French H. Hagy that a certain alley 12' in width extending in a northwesterly direction from East Gate Avenue, N.E., for a distance of 125' and situated between official tax nos. 3230910 and 3230911 be permanently vacated, discontinued and'closed. Background: ae Alley as requested for closure extends in a northwesterly direction from East Gate Avenue, N.E., for a distance of 125' Alley width is 12' Bo Alley is undeveloped and is one of many platted alleys within the immediate area that has remained unneeded and undeveloped for many years. ADDlicant has used and maintained (mowed) the alley for at least 10 years as an adjunct to his adjacent properties as identified on attached Map A. Current Situation: City has no current or future plans to utilize this undeveloped alley section. Be Applicant desires to build a patio at the rear of his residence. Patio would be situated within the alley right-of-way. Ce Planning Commission reviewed the above request at their January 4, 1989, meeting. Room 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 February 13, 1989 III. Issues: Neighborhood impact: Closure would have no impact on the neighborhood. Traffic impact: Closure would have no impact on traffic or traffic needs. C. Utilities within the public ri~ht-of-way: City has no utilities within the alley right-of-way. Correspondence received by the Planning staff indicates there are private utilities within the alley right-of-way. no Relationship to the Comprehensive Plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner: Alley has remained unneeded and undeveloped for many years. Adjacent owner (applicant) could utilize the land within the alley right-of-way in a more efficient manner. Land within the alley right-of-way has remained in an idle, non-taxable status for many years. Closure would return it to a taxable status. IV. Recommendation: By a vote of 5-0 (Messrs. Price and Bradshaw absent), the Planning Commission recommended that the subject alley be closed and permanently vacated as requested. Respectfully submitted Michael M. Waldvogel, Chairman Roanoke City Planning Commission Roanoke City Council Page 3 February 13, 1989 JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of French H. Hagy) FOR VACATION OF ALLEY ) MEMBERS OF COUNCIL: APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY French H. Hagy, (by Counsel,) applies to, have a public alley, in the City of Roanoke, Virginia permanently vacated, discontinued and closed, pursuant to Virginia Code, Section 15:1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map attached and as follows: A CERTAIN ALLEY 12' IN WIDTH EXTENDING IN A NORTHWESTERLY DIRECTION FROM EASTGATE AVENUE, N.E., FOR A DISTANCE OF 125', AND AS SITUATED BETWEEN OFFICIAL TAX PARCELS 3230910 AND 3230911. French H. Hagy states that the grounds for this application are as follows: 1. All Landowners whose property joins the property to be vacated have been notified and are in agreement with this application. APPLICANT OWNS ALL OF THE PROPERTIES ABUTTING THE ALLEY PORTION REQUESTED FOR CLOSURE. 2. The alley portion to be vacated is presently undeveloped and is currently being used as an adjunct to the applicants property. Applicant has maintained (mowed) alley area for a number of years. 3. The applicant desires to use the property to be vacated for building and joining property. ~ ~, 3Z~,I408 aza ( ~,1,1.. //. ClT ROA LOCATION ! · STREET STR EE T ~JSZm ~. t STREET ~jlm .Ill III ./ / uNOEV Office of the Ci~' Cler~ January 26, 1989 File #514 Mr. French R. Hagy 1714 Eastgate Avenue, N. ~oanoke, Virginia 24012 Dear Mr. Hagy: I am enclosing copy of a report of the City Planning Cor~mission recor~nending that the Council of the City of Roanoke grant your reauest that a certain alley twelve feet in width extending in a northwesterly direction from Eastgate Avenue, N. E., for a distance of 125 feet, situated between Official Tax Nos. 3230910 and 3230911, be permanently vacated, discontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, February 13, 1989, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W, For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the closure, which notice and Ordinance were prepared by the City Attorney's Office. (The Ordinance will be forwarded to you under separate cover). Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Co~ission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra PUBLIC46 Eno. Room 456 Municipal Building 215 Church Avenue, SW. Roanoke 'virginia 24011 (703) 981-254t Mr. French H. Hagy January 26, 1989 Page 2 pc: Mr. Edgar L. Fisher, Sr., 1703 Templeton Avenue, N. E. Roanoke, Virginia 24012 · Mr. W. Robert Herbert· City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Corr~issioner of Revenue ~r Von W. Moody, III, Director of Real Estate Valuation Mr Michael M. Waldvogel, Chairman, City Planning Corr~nission Mr L. Elwood Norris, Chairman, Board of Zoning Appeals Mr William F. Clark, Director of Public Works Mr Kit B. Kiser, Director of Utilities and Operations Mr Charles M. Huffine, City Engineer Mr Ronald H. Miller, Building Corr~nissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation NUMBER 12517~5 PUbLISHeR'S FEE CITY OF ROANOKe C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~5~ MUNICIPAL 8LOG ROANuK~ VA 2~011 ';71 STATE OF VIRGINIA CITY OF ROANOKe AFFIDAVIT OF PUbLICATiON i9 {TH~ UNOmRSIbN~D} ~N AUTHOKIZED REPRESENTATIVE OF THE TI~ES-NORLD COR- P~RATI~N~ .HICH CORPORAIIUN iS PUi~LISHmK DF THE ROANOKE TIMES ~ ~0~LO-NENS~ A DAILY NEWSPAPER PUbLiSHED IN ROANOKE9 IN THE STAT~ DF VIRGINIA~ DG CERTIFY THAT THE ANNEXED NOTICE ~AS PUmLISHEO IN SAID Nc~SPAPERS ON lH~ FOLLOWIN~ DATES 01/27/89 MORNIN~ 02/03/89 MORNING NITN~SS, THIS oTH DAY OF FEBRUARY I~9 AUTHORIZED SIGNATURE CltYClerk, NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, February 13, 1989, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application the to permanently abandon, vacate, discontinue and close following public right-of-way: A certain 12-foot wide alley extending in a north- westerly direction from East Gate Avenue, N. E., for a distance of 125 feet, situated between Official Tax Nos. 32S0910 and 32S0911. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens mzy appear on the above date and be heard on the question. GIVEN under my hand this 25th day of January , 19 89 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, January 27, 1989, and once on Friday, February 3, 1989, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Please biI1 to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 O~ce of the City Cle~ December 20, 1988 File #514 ~r. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvoget: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from ~1r. French H. Hagy, requesting that a certain alley twelve feet in width extending in a northwesterly direction from Eastgate Avenue, N. E., for a distance of one hundred and twenty- five feet, situated between Official Tax Nos. 3230910 and 3230911, be permanently vacated, discontinued and closed. Sincerely, /~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. French H. Hagy, 1714 Eastgate Avenue, N. E., Roanoke, Virginia 24012 Mr. John R. Marlles, Agent/Secretary, City Planning Cor~,~issioa Mr. Edward R. Tucker, City Planner Mr. Ronald H. Miller, aoning Administrator Ms. Katherine Howe Jones, Assistant City Attorney P,4:x~m 456 Municipa~ Buildin(j 215 Church Avenue SW Ro<~noke 'v*~rgmia 2401 t (703) 98t-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA CITY ,- ~ Z IN RE: Application of French H. Hagy) FOR VACATION OF ALLEY ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: French H. Hagy, (by Counsel,) applies to, have a public alley, in the City of Roanoke, Virginia permanently vacated, discontinued and closed, pursuant to Virginia Code, Section 15:1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map attached and as follows: A CERTAIN ALLEY 12' IN WIDTH EXTENDING IN A NORTHWESTERLY DIRECTION FROM EASTGATE AVENUE, N.E., FOR A DISTANCE OF 125', AND AS SITUATED BETWEEN OFFICIAL TAX PARCELS 3230910 AND 3230911. French H. Hagy states that the grounds for this application are as follows: 1. All Landowners whose property joins the property to be vacated have been notified and are in agreement with this application. APPLICANT OWNS ALL OF THE PROPERTIES ABUTTING THE ALLEY PORTION REQUESTED FOR CLOSURE. 2. The alley portion to be vacated is presently undeveloped and is currently being used as an adjunct to the applicants property. Applicant has maintained (mowed) alley area for a number of years. 3. The applicant desires to use the property to be vacated for building and joining property. ALLE' CLOSE~) OR AU;. 30,1971 D.B. IZ9! I TAINING TO OF: '88 28 8:42 Request from French H. Hagy that a certain alley 12' in) width extending in a northwesterly direction from East ) Gate Avenue, N.E., for a distance of 125' and situated )AFFIDAVIT between official tax nos. 3230910 and 3230911 be perma-) nently vacated, discontinued and closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of December, 1988, notices of a public hearing to be held on the 4th day of January, 1989, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNERt AGENT OR OCCUPANT Edgar L. Fisher, Sr. 3230903 3230907 ADDRESS 1703 Templeton Avenue Roanoke, VA 24012 Mar~ha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 1988. Notary Public My Commission Expires: Office o~ the City Cle,~ February 22, 1989 File #514 Mr. Daniel F. Layman, Jr. Attorney P. 0. Box 720 Roanoke, Virginia 24004-0720 Dear Mr. Layman: I am enclosing copy of Ordinance No. 29451, permanently vacating, discontinuing and closing all of Thirty-Sixth Street, N. W., from its point of beginning adjacent to the south right-of-way line of Densmore Road, N. W., extended to its terminus approximately 135 feet south of Densmore Road, N. W., at the northern boundary line of the property of Roanoke Country Club, Inc., bearing Official Tax No. 2671006, which Ordinance No. 29451 was adopted by the Council of the City of Roanoke on fi.st reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, ~l~E,,.._ Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. & Mrs. Robert L. Fernatt, 3616 Densmore Road, N. W., Roanoke, Virginia 24017 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Co,~.,~issioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Room 456 Municil:~l Building 2t5 C~urch Avenue S.W. Roanoke ~rg~nia 24C1'~ 'I (703) 981-2541 Mr. Daniel F. Layman, Page 2 February 22, 1989 Jr. pc: Mr Mr Mr Mr Mr Mr Michael M. Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Util.ities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Corr~is$ion Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Office of t~e City Clerk February 22, 1989 File #514 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 29451, for proper recor- dation in your office, permanently vacating, discontinuing and closing all of Thirty-Sixth Street, N. W., from its point of beginning adjacent to the south right-of-way line of Densmore Road, N. W., extended to its terminus approximately 135 feet south of Densmore Road, N. W., at the northern boundary line of the property of Roanoke Country Club, Inc., bearing Official Tax No. 2671006, which Ordinance No. 29451 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, / / Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Daniel F. Layman, Virginia 24004-0720 Jr., Attorney, P. O. Box 720, Roanoke, Room 456 Municipal Building 215 Church Avenue SW Roano/~e. V~rg~nia 2401 t (703) 981-254't IN THE COUNCIL OF THE CITY OF ROANOKE, The 21st day of February, 1989. No. 29451. VIRGINIA, AN ORDINANCE permanently, vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Roanoke Country Club, Inc., has the Council of the City of Roanoke, Virginia, requesting the Council to permanently vacate, the public right-of-way described hereinafter; filed an application to in accordance with law, discontinue and close and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on February 13, 1989, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: All of Thirty-sixth (36th) Street, N. W., from its point of beginning adjacent to the south right-of-way line of Densmore Road, N. W. (extended) to its terminus approxi- mately 135 feet south of Densmore Road, N. W. at the north boundary line of the property of Roanoke Country Club, Inc., which property bears Official Tax No. 2671006. be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Roanoke Country Club, Inc., and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not become ef- fective until such time as a plat of subdivision has been submitted to the City, accepted and approved, and recorded by the applicant, which shall show the combination of Official Tax Nos. 2671005 and 2671006 with the portion of 2671009 which property the applicant pro- poses to purchase. ATTEST: City Clerk. Roanoke Cily Planning Commission February 13, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Roanoke Country Club, Inc., represented by Daniel F. Layman, Jr., Attorney, that 36th Street, N.W., from its point beginning adjacent to the south right-of-way line of Densmore Road, N.W., to its terminus approximately 135 feet south of Densmore Road, N.W., be permanently vacated, discontinued and closed. I. Background: Street as requested for closure is situated at the end of Densmore Road, N.W., which in turn extends in an easterly direction from Westside Boulevard, N.W. Street right-of-way is 30' wide and approximately 135' long. Right-of-way is platted on a moderate to steep slope and has remained undeveloped for many years. Ce Applicant owns the properties abutting the east (2671005) and south (2671006) rignt~'of-way boundaries of the subject street, which is currently utilized as a golf course by the applicant. Robert L. and Daine B. Fernatt own the property abutting the west (2671009) right-of-way boundary of the subject street (see attached Map A). II. Current Situation: City has no current or future plans to utilize the subject street right-of-way. Room 355 Municipal Building 215 Churah Avenue, S.W~ r~anoke, Virginia 2401 t (703) 98t-2344 Roanoke City Council Page 2 February 13, 1989 III. Applicant has contracted to purchase a portion of the property of Mr. and Mrs. Fernatt which together with the subject 36th Street (if vacated) will be used to improve the design and appearance of the applicant's golf course. Closure will result in the "landlocking" of official tax parcel 2671006. De Application stated that all abutting property owners are in agreement with the proposed closure of the subject street. Plannin9 Commission reviewed the above subject application at its regular meeting on January 4, 1989. Issues: Neighborhood impact: Closure would have no impact on the neighborhood. Traffic impact: Closure would have no impact on traffic in the area. C. Utilities within the public riGht-of-way: City has no utilities within the right-of-way. Planning staff has received no correspondence indicating that private utilities are located within the public right-of-way. D. Land use: Closure as requested would result in official tax parcel 2671006 being "landlocked" without street frontage. Official tax parcel 2671006 should be combined with official tax parcel 2671005 to create one continuous tract with proper street frontage at Densmore Road, N.W. Purchase by applicant of a portion of official tax parcel 2671009 will require the preparation, submittal, approval by City and recordation of a plat of subdivision. Roanoke City Council Page 3 February 13, 1989 E. Creation of a dead-end street: Street as requested for closure is a public right-of-way that dead ends at the applicant's property (tax parcel 2671006). Closure will eliminate 36th Street and will create a new dead end at the terminus of Densmore Road, N.W. Adjacent property owners appeared before the Co~nission to request that a turnaround not be required at the proposed terminus of the subject closure. Adjacent property owners voiced concerns that the construction of such a turnaround would alter the existing element of privacy that the street currently enjoys. Relationship to the Comprehensive Plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner: Street has remained unneeded and undeveloped for many years. Adjacent property owner(s) could utilize the land within the undeveloped right-of-way in a more efficient manner. IV. Recommendation: By a vote of 5-0 (Messrs. Price and Bradshaw absent), the Planning Commission recommends that the applicant's request to close and permanently vacate 36th Street, N.W., be approved subject to the following conditions: That the applicant agree to have prepared and submitted to the City for approval, a plat of subdivision showing the combination of official tax parcels 2671005 and 2671006, with that portion of 2671009 to be purchased by the applicant. That official closure of the subject 36th Street, N.W., be made contingent upon the recordation of the subject subdivision plat. Roanoke City Council Page 4 February 13, 1989 Respectfully submitted Michael M. Waldvogel, Chaljrman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner VIRGINIA: In re: IN THE COUNCIL OF THE CITY OF ROANOKE APPLICATION OF ROANOKE COUNTRY CLUB, INC. FOR VACATION OF THIRTY-SIXTH STREET, NW APPLICATION TO VACATE, DISCONTINUE AND CLOSE STREET TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: Roanoke Country Club, Inc., by counsel, applies to have Thirty-Sixth (36th) Street, NW, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursu- ant to Section 15.1-364 of the Code of Virginia and Section 30-14 of the Code of the City of Roanoke (1979). This street is shown marked in red on the copy of Roanoke City Appraisal Map Sheet NO. 267 attached hereto as Exhibit A and is more particularly described as all of Thirty-Sixth (36th) Street, NW from its point of beginning adjacent to the south right of way line of Densmore Road, NW (extended) to its terminus approximately 135 feet south of Densmore Road, NW at the north boundary line of the property of Roanoke Country Club, Inc. bearing Official Tax No. 2671006. The grounds for this application are as follows: (1) he street sought to be closed is not and has never been open on the ground. (2) The only property-owners other than petitioner adjoining the street are Robert L. and Daine B. Fernatt, who have been contacted and are in agreement with this request. (3) The petitioner has contracted with Mr. and Mrs. Fernatt to purchase a southeastern portion of their property (bearing Official Tax No. 2671009), and that parcel, together with the portion of closed 36th Street that would become the property of the petitioner pursuant to this application, will be used to improve the design and appearance of petitioner's golf course. (4) Because the closing of 36th Street would landlock the property of petitioner bearing Official Tax No. 2671006, petitioner will submit to the appropriate official of the City of Roanoke a plat of subdivision combining parcel 2671009 with the parcel bearing Official Tax No. 2671005, which has frontage on Densmore Road, NW. (5) Petitioner believes that because of the isolated location of the subject street, its closing would cause no hardship or inconvenience to anyone. (6) A list of the property owners (other than petitioner) affected by the proposed closing and their addresses is at- tached to this application as Exhibit B. WHEREFORE, Roanoke Country Club, Inc. respectfully re- quests that the above-described street be vacated, discontinued and closed by the Council of the City of Roanoke, Virginia, in accordance with Section 15.1-364 of the Code of Virginia and Section 30-14 of the Code of the City of Roanoke. Date: ~ ~l /~ Respectfully, ROANOKE COUNTRY CLUB, INC. Of Counsel ~; ~ Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove P. O. Box 720 Roanoke, Virginia 24004-0720 Counsel for the Petitioner -./ Exhibit B List of Property-Owners Affected by Proposed Closing of Thirty-Sixth Street, NW Robert L. and Daine B. Fernatt 3616 Densmore Road, NW Roanoke, Virginia 24017 4 , OCATION I) 0 I) 0 I': I) , i/.6~7 AC. $ T R:I"I-'!T r, I 0 $ U I1 I: 'Z.b'~ 0'30 Z 7.8&2 AC. C~fice of the Ci~t/Cle~ January 26, 1989 File ~514 Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Dear Mr. Layman: T am enclosing copy of a report of the City Planning Cor~ission reco~ending that the Council of the City of Roanoke grant the reauest of your client, Roanoke Country Club, Inc., that all of Thirty-Sixth Street, N. W., from its point of beginning adjacent to the south right-of-way line of Densmore Road, N. W., extended ' to its terminus approximately 135 feet south of Densmore Road at the northern boundary line of the property of Roanoke Country Club, ~ne., bearing Official Tax No. 2671006, be permanently vacated, discontinued and closed. Pursuant to ~esolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, 4pril 6, 1981, a public hearing on the abovedescribed request has been set for Monday, February 13, 1989, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, ~. W. For your information, [ am also enclosing copy of a notice of the public hearing and an Ordinance providing for the closure, which notice and Ordinance were prepared by the City Attorney's Office. (The Ordinance will be forwarded to you under separate cover). Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Corr~nission report should be directed to Mr. John R. Marlles Chief of Co~r~nunity Planning, at 981-2344. ' Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra PUBLIC45 Room 456 Municipal Building 215 (~urch Avenue SW R4~noke. ~rg~nia 2401 t (703) 981-2541 Mr. Daniel F. Layman, January 26, 1989 Page 2 Jr. pc: Mr. & Mrs. Robert L. Fernatt, 3616 Densmore Road, N. W. Roanoke, Virginia 24017 ' ~r. W. Robert Herbert, City Manager Mr. Witburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Cor,~issioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Cor~ission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals ~r. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations ~ir. Charles M. Huffine, City Engineer Mr. Itonald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Co,~nission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Ar) NUM~:F~ - 12517~d GANIEL F LAYMAN P C :dX 720 ROANOKE VA 2~004 STATE GF VirGINIA CITY OF ROANOKE AFFIDAVIT DF PU~LICAIIGN Iv ITHE UNUERSIGNED} AN AUTHORIZED REPRLSENTAFIVE ~F THE TiMeS-wORLD COR- PORATiDN~ WHIC~t COKPO~ATION IS PUBLISHER OF THE ROANOKE TIMES ~ ~DRLD-N6WS~ A DAILY NEW~PApE,< PU6LiSHE~ IN ROANUKE~ iN THE SLATE OF VIAGINIA~ OG CERTIFY THAT THE ANNExEU NOTICE ~AS PUBLISHED IN SAiD NEWSPAPERS ON THE FOLLOWING DATE5 01/27/5~ MUKNiNG C'2/03/B9 MORNING ~ITNESs~ THIS OTH UAY OF FEBRUARY 1989 , (?Tkl)_ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, February 13, 1989, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way: All of Thirty-sixth (36th) Street, N. W., from its point of beginning adjacent to the south right-of-way line of Densmore Road, N. W. (extended) to its terminus approximately 135 feet south of Densmore Road, N. W. at the north boundary line of the property of Roanoke County Club, Inc., which property bears Official Tax No. 2671006. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 25th day of January , 19 89 Mary F. Parker, City Clerk. Please publish ;n full twice, once on Friday, January 27, 1989, and once on Friday, February 3, 1989, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Please b~l! to: Ms. Mary F. Parker, City Clerk Mr. Daniel F. Layman, Jr. Room 456, Municipal Building Attorney Roanoke, V~rginia 24011 P. O. Box 720 Roanoke, Virginia 24004-0720 C~ce of ~ Ci~ Ci~ December 18, 1988 File ~514 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear ~ir. Waldvogei Pursuant to Ordinance Ho. 25226, [ am enclosing copy of an appli- cation from Mr. Daniel F. Layman, ,ir., Attorney, representing the Roanoke Country Club Inc., .equesting that all of Thirty-Sixth Street, N. W., from its point of beginning adjacent to the south right of way line of Densmore Road, N. tV., extended to its ter- minus approximately 135 feet south of Densmore Road, N. W., at the north boundary line of the property of Roanoke Country Club, Inc., bearing Official Tax No. ~671006 be permanently vacated, discontinued and closed. ' Sincere ly, 212.~,.~ ~4ary F. Parker, CMC City Clerk MFP: r a pc: ~r. Daniel F. Layman, J.., Attorney, p. O. ~ox 720, Virginia 24004-0720 ~.~r. John R. Marlles, Agent/Secreta.y, City Corr~nission ~1r. RonaId H. Mille., ~oning Ad~inist.ato. Ms. Katherine Howe Jones, Assistant City Attorney ~0 anok e, Planning Room 456 Municil:X:ll Buildin(j 21 ~ C'~urch Avenue 5W Roanoke X4rg,nia 24011 (703) 981-254t TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRG~N~£!~ PERTAINING TO THE STREET CLOSURE OF: '88 28 2 Request from Roanoke County Club, Inc., represented by Daniel) F. Layman, Jr., Attorney, that 36th Street, N.W., from its ) point of beginning adjacent to the south right-of-way line of) Densmore Road, N.W., to its terminus approximately 135 feet ) south of Densmore Road, N.W., be permanently, vacated, dis- ) continued and closed. COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of December, 1988, notices of a public hearing to be held on the 4th day of January, 1989, on the street closure captioned above to the owner or agent of their last known address: PARCEL OWNERt AGENT OR OCCUPANT Robert L. & Diane B. Fernatt 2671009 the parcels listed below at ADDRESS 3616 Densmore Road, Roanoke, VA 24017 Marth~Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 1988. Notary Public My Commission Expires: Office of the City Clerk February 22, 1989 File #51 Mr. M. Christian Orndorff Attorney 103 West Campbell Avenue Roanoke, Virginia 24011 Dear Mr. Orndorff: I am enclosing copy of Ordinance No. 29452, rezoning a 1.206 acre tract of land and a 1.603 acre tract of land, situate between King Street, N. E., and U. S. Route 460, Hickory Woods, described as portions of Official Tax No. 7090521, from RS-3, Residential Single Family District, and LM, Light Manufacturing District, respectively, to RM-2, Residential Multi-Family, Medium Density District, which Ordinance No. 29452 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra pc; Mr. & Mrs. Hyle W. Perdue, 3104 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Alfred Taylor, 3112 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Audrey M. Ferguson, 3120 Richard Avenue, No E., Roanoke, Virginia 24012 Mr. & Mrs. Leon J. Fields, 3128 Richard Avenue, N. E., Roanoke, Virginia 24012 Room 456 Municil~ol Building 215 C~urch A'~nue SW. Roanoke Vircj~nia 24011 (703) 981-2541 Mr. M. Christian Orndorff Page 2 February 21, 1989 pc~ Ms. Brenda G. Orange, 3136 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. Nova Wimmer, 3144 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Corrie E. Smith-Harris, 3125 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. Hanley R. Mayes, 3160 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Chapman C. Brown, 3168 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Robert L. Beard, 3202 Richard Avenue, N. E., Roanoke, Virginia 24012 F & D Land Company, P. O. Box 8636, Roanoke, Virginia 24014 Mr. & Mrs. Harry W. Bratton, Route 1, Box 242, Moneta, Virginia 24121 Mr. & Mrs. Harold B. Alexander, 1260 - 15th Street, Santa Monica, California 90404 E. J. Land Company, c/o Branch & Associates, P. 0. Box 8158, Roanoke, Virginia 24014 Mr. & Mrs. Charles L. McGhee, 4127 Mockingbird Hill, N. Eo, Roanoke, Virginia 24012 Mr. & Mrs. C. J. Elswick, Jr., 6341 Pinetree Lane, N. E., Roanoke, Virginia 24019 Mr. Wallace H. Johnson, Jr., 4426 Hollins Road, N. E., Roanoke, Virginia 24012 Mr. David L. Kanode, 4426 Hollins Road, N. E., Roanoke, Virginia 24012 Mr. C. Wayne Boitnott, Dominion Bank Building, 201 South Jefferson Street, Roanoke, Virginia 24011 Mr. Robert R. Copty, Dominion Bank Building, 201 South Jefferson Street, Roanoke, Virginia 24011 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Cot,mission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Corr~ission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mro M. Christian Orndorff Page 3 February 22, 1989 pc: Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald Ho Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29452. AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single-Family Residential and LM, Light Manufacturing District, to RM-2, Residential Multi-Family, Medium Density District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on February 13, 1989, at 7:30 p.m., after due aud timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that SS36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 709 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as those two parcels of land situate between King Street and U.S. Route 460, containing in the aggregate 2.809 acres, more or less, and being portions of Official Tax No. 7090521, the first of which is currently zoned RS-3, Residential Single- Family District, containing 1.206 acres; the second of which is cur- rently zoned LM, Light ~anufacturing District, containing 1.603 acres, and more particularly described as follows: Parcel One BEGINNING at a concrete monument on the southerly right-of-way of U.S. Houte 460, designated Number 1, said point being the northwesterly corner of New Tract B, Hickory Woods Subdivision, recorded in Map Book 1, Page 577; thence S. 84° 04' 15" E. 88.88 feet to a point, designated, No. 22; thence S. 15° 30' 30" E. 160.25 feet to a point, designated Number 18, being the northeasterly corner of Charles L. and Edna L. McGee property; thence with the northerly line of the McGee property, S. 57° 24' W. 209.79 feet to a point, designated No. 19, said point being the southeasterly corner of pro- perty formerly owned by John C. Glasgow, et al; thence with the easterly line of the Glasgow pro- perry, N. 32° 36' W. 235.00 feet to a point, desig- nated No. 20, on the southerly right-of-way of U. S. Route 460, said point being the northeasterly corner of the Glasgow property; thence with the southerly right-of-way of U. S. Route 460, the following, N. 57° 24' E. 154.16 feet to a point, designated No. 21; thence S. 84° 04' 15" E. 42.51 feet to the Point of BEGINNING, and containing 1.206 acres. Parcel Two BEGINNING at a concrete monument on the southerly right-of-way of U. S. Route 460, said point, designated Number 1, being the northwesterly corner of New Tract B, Hickory Woods Subdivision, recorded in Map Book 1, Page 577; thence with the common line between New Tract A, and New Tract B the following S. 84" 04' 15" E. 88.88 feet to a point, designated Number 22; thence S. 15" 30' 30" E. 62.83 feet to a point, designated Number 23; thence N. 74" 29' 30" E. 90.14 feet to the true Point of BEGINNING; thence continuing with the common line between New Tract A and New Tract B the following N. 74" 29' 30" E. 25.00 feet to a point, designated Number 24; thence S. 73" 35' 30" E. 261.67 feet to a point; designated Number 25; thence S. 55' 52' 15" W. 45.00 feet to a point, designated Number 26; thence S. 29' 06' E. 101.52 feet to a point, designated Number 27; thence N. 73" 22' 15" E. 305.00 feet to a point, designated Number 28; thence S. 78" 37' 45" E. 324.54 feet to a point, designated Number 29; thence S. 33" 37' 45" E. 181.56 feet to a point, designated Number 30, said point being the southeasterly corner of New Tract A; thence continuing with the common line of New Tract A and New Tract B, S. 56" 22' 15" W. 40.00 feet to a point; thence leaving the line between New Tract A and New Tract B and following along the existing zoning line through New Tract A the following, N. 33" 37' 45" W. 165.00 feet to a point; thence N. 78° 37' 45" W. 298.00 feet to a point; thence S. 73" 22' 15" W. 425.17 feet to a point; thence N. 34' 07' 14" W. 310.16 feet to the true Point of BEGINNING, and containing 1.603 acres; designated on Sheet No. 709 of the Sectional 1976 Zone Map, City of Roanoke, as portions of Official Tax No. 7090521 be, and are hereby rezoned from RS-B, Single-Family Residential and LM, Light Manufacturing District, to RM-2, Residential Multi-Family, Medium Density District, and that Sheet No. 709 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke CJly Planning Commission February 13, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Hickory Woods, Inc., a Virginia corporation, represented by M. Christian Orndorff, attorney, that a 1.206 acre tract of land and a 1.603 acre tract of land, zoned LM, Light Manufacturing District and RS-3, Residential Single Family District,'respectively, situated between King Street, N.E., and U.S. Route 460, Hickory Woods, and being a portion of official tax no. 7090521, be rezoned to RM-2, Residential Multi-Family District. I. Background: Original petition to rezone was filed on November 7, 1988. Amended petition to rezone was filed on December 13, 1988. Petition is unconditional. Purpose of request is to rezone two parcels containing an existing storm drain system/ detention basin and entrance/exit roadway serving the Hickory Woods apartments so that the entire complex has one uniform zoning classification. No further development of the parcels is proposed. De City Council conditionally rezoned a 9.697 acre portion of the original 12.506 acre tract on January 22, 1985. Subject property has been developed in conformity with the attached "as built" plan. Room 355 Municipal Building 215 Church Avenue, iW Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 February 13, 1988 Ee Planning Commission public hearing was held on January 4, 1989. Mr. Christian Orndorff, attorney, summarized the request on behalf of the petitioner. Mr. Orndorff stated that he felt that the requested rezoning was simply a housekeeping matter. The purpose of the rezoning was to rezone the two parcels containing the drainage system and entranceway to the same zoning classification as the rest of the apartment complex. There was no neighborhood opposition to the request. II. Issues: Zoning of 1.603 acre parcel is RS-3, Residential Single Family District. Zoning of 1.206 acre parcel fronting on U. S. Route 460 is LM, Light Manufacturing District. Land use of 1.603 acre parcel is currently an existing storm drainage system/detention basin. Land use of 1.206 acre parcel is currently an existing entrance/exit roadway. Transportation and access to the Hickory Woods apartment complex is provided by the existing entrance/exit roadway located on the 1.206 acre parcel fronting on U. S. Route 460. Storm drainage facilities serving the Hickory Woods apartments are provided on the 1.603 acre parcel. Neighborhood is primarily single-family residential. Wildwood Civic League, a member of the Neighborhood Partnership, has been notified of the requested rezoning. No objections have been received by the Planning Office. F. Comprehensive Plan recommends that: Storm drainage associated with new developments be accommodated on site; and Neighborhood character and environmental quality should be protected. Roanoke City Council Page 3 February 13, 1988 III. Alternatives: City Council approve of the rezoning request. Zonin~ would become RM-2 compatible with existing use of property and consistent with portion of the site containing the Hickory Woods apartments. Land use would remain the same. No further development of the parcels is proposed at this time. Transportation and access would be unaffected. Storm drainage facilities would be unaffected. 5. Neighborhood would be unaffected. 6. Comprehensive Plan would be followed. B. City Council deny the rezoning request. Zonin~ of two parcels would remain RS-3 and LM, inconsistent with the existing use of the parcels and the apartment complex by service. 2. Land use would remain the same. Transportation and access would be unaffected. Storm drainage facilities would be unaffected. 5. Neighborhood would be unaffected. Comprehensive Plan could still be followed. IV. Recommendation: By a vote of 5-0 (Messrs. Price and Bradshaw absent), the Planning Commission recommended approval of the proposed rezoning request. The proposed rezoning of the two parcels would be compatible with their existing use and would be consistent with the zoning classification for the Hickory Woods apartment complex. Roanoke City Council Page 4 February 13, 1988 Respectfully submitted Michael M. Waldvogel, Cna~irman Roanoke City Planning Commission JRM:JTT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner VIRGINIA: IN THE CITY COUNCIL OF THE CITY OF ROANO~ AMENDED PETITION TO REZONE PROPERTY RE: REZONING OF A TRACT OF LAND LYING AND BEING IN THE CITY OF ROANOKE, VIRGINIA, CONTAINING 2.809 ACRES, SITUATii BETWEEN U.S. ROUTE 460 AND KING STREET, NW, DESIGNATED ON ROANOKE APPRAISAL MAP AS OFFICIAL TAX NO. 7090521 REZONED FROM RS-3, SINGLE FAMILY RESIDENTIAL DISTRICT, AND LM, LIGHT MANUFACTURING DISTRICT, TO RM-2, RESIDENTIAL MULTI-FAMILY DISTRICT, MEDIUM DENSITY TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE 1. The petitioner, Hickory Woods, Inc., a Virginia cor- poration, (hereinafter Hickory Woods) owns a certain tract of land located at the City of Roanoke, Virginia, situated between U.S. Route 460 and King Street, NW, containing 12.506 acres, known as New Tract "A", a plat of which is recorded in Roanoke City Circuit Court, Map Book 1, Page 577. A map of the tract is attached as Exhibit "A" and a property description of the tract is attached as Exhibit "B". The official tax number of this tract is 7090521. 2. By Ordinance No. 27386, dated January 22, 1985, the Council of the City of Roanoke conditionally rezoned a 9.697 acre portion of this 12.506 acre tract from RS-3, Single Family Residential District, to RM-2, Residential Multi-Family District, Medium Density. A copy of the ordinance is attached as Exhibit "C". 3. The subject property has been developed in conformity with the "as built" plan attached as Exhibit "D" which plan has been subject to review and approval of the City of Roanoke. Copies of the zoning and sewer maps of the subject property are attached as Exhibits "E" and "F". These maps and the plan above show the Hickory Woods apartment project located on New Tract "A" in its current, fully developed and completed condition. 4. Attached as Exhibit "G" is an enlarged portion of the above zoning map showing that remaining 2.809 acre portion of 12.506 acre New Tract "A" not rezoned by the aforesaid zoning ordinance No. 27386. A property description of this 2.809 acre tract, which is the subject of this petition, is attached hereto as Exhibit "H". This 2.809 acre portion of New Tract "A" con- sists of a 1.206 acre parcel zoned LM (Light Manufacturing District) and a 1.603 acre parcel zoned RS-3 (Single Family Residential District). 5. Pursuant to Article VIII of Chapter 36.1-690, Code of Roanoke City (1979) as amended, your petitioner requests that the 2.809 acre portion of land described above and in attached exhibits be rezoned to zoning classification RM-2, Residential Multi-Family District, Medium Density. 6. Your petitioner believes that the rezoning of this tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan in that it will facilitate provision of adequate drainage and flood protection while being consistent with the character of adjoining property and area. As shown by the "as built" 7.603 acre portion of the 2.809 acre zoned RS-3 (Single Family Residential survey in Exhibit "D", the tract that is currently District) contains a fully constructed storm drain system and detention pond to facilitate proper drainage and flood control for the Hickory Woods apart- ment complex. The remaining 1.206 acre portion of this tract, currently zoned LM (Light Manufacturing District) contains a fully constructed entrance/exit roadway for the Hickory Woods complex. 7. not for Your petitioner states that this rezoning petition is the purpose of building or further development of the subject property; but simply for the purpose of having one uni- form zoning classification that is consistent with the tax map and established use of New Tract "A". 8. Attached as Exhibit "I" are names, numbers of owners of all lots or property to or immediately across a road from the WHEREFORE, your petitioner requests 2.809 acre tract be rezoned as requested provisions of the Zoning Ordinance of the City of Roanoke. addresses and tax immediately adjacent property to be rezoned. that the above described in accordance with the 3 M. Christian Orndorff Hampton W. Thomas HAMPTON W. THOMAS, P.C. 103 West Campbell Avenue Roanoke, Virginia 24011 Respectfully submitted, HICKORY WOODS, INC. HCR 1, Box 60 Charlottesville, VA 22901 By: sel for Hicko~6~ry~oods,l~nc. EXHIBIT B Property Description New Tract "A" 12.506 Acres BEGINNING at the common corner of the property of Hickory Woods, Inc., as it intersects with the northwesterly corner of the pro- perty of Valley Land Investment Company, a Virginia Limited Partnership, consisting of the estate of John C. Glasgow, et al., as partners, which said point is situated on the southeasterly boundary of a 15' strip of land dedicated to the City of Roanoke, Virginia, for use as a deceleration lane for the bene- fit of Hickory Woods, Inc., as shown in the records of the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Map Book 1, Page 447; and which said point is further designated as point 20 on a certain Plat of Survey made for Hickory Woods, Inc., et als., by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated June 12, 1986, of record in the aforesaid Clerk's Office in Map Book 1, Page 577, thence continuing on said Plat of Survey from point 20 aforesaid N. 570 24' E. 154.16 feet to point 21; thence S. 84° 04' 15" E. 42.51 feet to point 1; thence S. 840 04' 15" E. 88.88 feet to point 22; thence N. 15° 30' 30" W. 62.83 feet to point 23; thence N. 74~ 29' 30" E. 115.14 feet to point 24; thence S. 73~ 35' 30" E. 261.67 feet to point 25; thence S. 550 52' 15" W. 45.0 feet to point 26; thence S. 290 06' E. 101.52 feet to point 27; thence N. 730 22' 15" E. 305 feet to point 28; thence S. 78~ 37' 45" E. 324.54 feet to point 29; thence S. 33~ 37' 45" E. 181.56 feet to point 30; thence S. 560 22' 15" W. 1020.00 feet to point 17; thence N. 150 30' 30" W. 784.53 feet to point 18; thence S. 570 24' W. 209.79 feet to point 19; thence N. 320 36' W. 235.00 feet to point 20; the point of Beginning, and being shown as New Tract "A" containing 12.506 acres as shown on the Plat of Survey aforesaid in Map Book 1, Page 577; and BEING the same property conveyed to Hickory Woods, Inc., a Virginia corporation, by Deed dated July 28, 1986, from F. Earl Frith and Judy A. Frith, partners trading as E. J. Land Co., a Virginia General Partnership, of record in the aforesaid Clerk's Office in Deed Book 1542, Page 1737; and by Deed of Correction dated December 29, 1986, of record in the aforesaid Clerk's Office in Deed Book 1551, Page 1801. IN THE COUNCIL OF THE CITY OF ROANOW~, VIRGINIA The 22nd day of January, 1985, No. 27386. AN ORDINANCE to amend Section 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map. City of Roanoke, in relation to Zoning, subject tO certal~ conditions. WH~P~EAS, application has been made to the Council of the City of Roanoke to have a tract of land located in the City of Roanoke, Virginia, containing 9.697 acres, situated between U. S. Route 460 and King Street, NW, and designated as part of 30.235 acres o~ Roanoke City Appraisal Map as Official Tax Number 7090501 rezoned from RS-3, Single-Family Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Co~ssion has reco.~.-nded that the hereinafter described land be rezoned from R$-3, Single-Family Residential District, :o RG-i, General Residential District; the said rezoning to be subject to the conditions proffered by the applicants in their third amended application for rezoning; and WHEP.£AS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to zoning, have been published and posted a~ required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the [dth day of 3anuary, 1985 at 7:30 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed =ezonl~g; and EXHIBIT C WHEREAS, this Council, after considering the aforesaid application, the reco,~ndations mede to the Council and met=ers presented at the public hearins, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Coda of the City of Roanoke (1979), as amended, relatinS to Zonin$, and Sheet No. 709 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located in =he City of Roanoke, Virginia consisting of 9.697 acres situated between U. S. Route 460 and King Street, ,~1. described as a portion of Tract 3 of the Bra=ton Subdivision designated on Shee~ 709 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 7090501 be, and is hereby, changed from RS-3, Single-Family ~esidential Dis=riot, =o RG-1, General Residential District, subject =o the conditions proffered by and se= forth in the applicant's third amended application for rezoning, and that Sheet No. 709 of the aforesaid mep be chansed in this respect. ATTEST: i: 'I E /I it e,l~I .,! EXHIBIT H Property description of parcels constituting 2.809 acre portion of New Tract "A" to be rezoned. These parcels are within, and not in addition to, the property description given for New Tract "A" in Exhibit "B". Descciption of 1.206 acrs parcel situate on south aids of U. S. Route 460 BBGINN~NG at a concrete monument on the southerly right-of-way of U. S. Route 460, designated Number 1, maid point being the northwesterly corns= of New Tract B, Hickory Woods Subdivision, recorded in Nap Book 1, Page 577~ thence S. 84* 04' 15" E. 88.88 feet to a point, designated Number 22= thence S. 15' 30' 30" E. 160.25 feat to a point, designated Number 18, being the northeasterly corn.= of Charles ~. and ~dna b. McGee property= thence with the northerly line of the McGee property, S. 57° 24~ W. 209.79 feet to a point, designated Number 19, said point being the southeasterly co=nee of property fo=marly owned by John C. Glasgow, et al= thence with the easterly line of the Glasgow property, N. 32' 36' W. 235.00 feat to a point, designated Number 20, on the southerly right-of-way of U. S. Route 460, said point baing the northaaata=ly co=ne= of =ha Glasgow prope=ty~ thence with =he southerly right-of-way of U. S. Route 460, the following, N. 57' 24' E. 154.16 feet to a point, designs=sd Number 21~ thence S. 84' 04' 15" E. 42.51 feet to the Point of B~GINNING and containing 1.206 ac=es. 22GINNING at a concrete monumant on =he right-of-way of U. S. Route 460, said point, designated Number being =he northwes=arly corner of New Trac= B, Hickory Woods Subdivision, recorded in Nap Book 1, Page 577I =hence with the common line between New Trac= A and New Trac= B tha following, S. 84' 04' 15" 2. 88.88 fast to a point, designs=ad Number =hence S. 15' 30' 30' 2. 62.83 feet =o a point, designs=ed Number 23t thence N. 74° 29' 30" 2. 90.14 fee= =o =ha =rue Point of B2GINNING~ thence continuing with =he common line between New Trac= A and New Trac= B =ha following, N. 74' 29~ 30" 2. 25.00 fee= =o a point, designated Number 24; thence S. 73° 35' 30" 261.67 feet =o a pein=, designated Number 25: =hence S. 55' 52' 15" W. 45.00 feet to a pein=, designs=ed Number 26; t~enca S. 29e 06' S. 101.52 feet =o a point, design&red Number 27; =hence N. 73e 22' 15" 2. 305.00 feet to a point, designs=ed Number 28= =hence S. 7H· 37' 45' 2. 324.54 fee= to a point, designs=ed Number 29.; =hence S. 33· 37' 45" ~. 181.56 fee= to a point, designated Number 30, said point being the southeasterly corner of New Tract A; =hence con=inuing wi=h the common line of New Tract A and New Tract B, S. 56' 22' 15" W. 40.00 feet to a =hence leaving the line between New Tract A and New Tract 2 and Description of 1.603 &cra parcel e£tua~e off U. S. Routs 460 November 30, 1988 Page 2 following along =he exis=ing zoning line thru New Tract A the following, N. 33' 37' 45~ W. 165.00 feet to a poin== =hence N. 78* 37' 45" W. 298.00 feat to & pointl ~hlncl S. 73' 22t 15" ~. 425.17 feet to a poin== thence N. 34~ 07~ 14" W. 310.16 feet to the =rue Point of BEGINNING and containing [.603 acres. LIST OF ADJOINING PROPERTY OWNFR.~ No. 7090101 Mr. & Mrs. Hyle W. Perdue 3104 Richard Avenue, NE Roanoke Virginia 24012 No. 7090102 Mr. & Mrs. Alfred Taylor 3112 Riohard Avenue, NE Roanoke, Virginia 24012 No. 7090103 Audrey M. Ferguson 3120 Riohard Avenue NE Roanoke Virginia 24012 No. 7090104 Mr. & Mrs. Leon J. Fields 3128 Richard Avenue NE Roanoke Virginza 24012 No. 7090105 Brenda G. Orange 3136 Riohard Avenue. NE Roanoke Virginia 24012 No. 7090106 Mr. Nova Wimmer 3144 Riohard Avenue NE Roanoke Virginia 24012 No. 7090107 Ms. Corrie E. Smith Harris 3125 Riohard Avenue NE Roanoke, Virginia 24012 No. 7090108 Mr. Hanley R. Mayes 3160 Riohard Avenue NE Roanoke Virginia 24012 No. 7090109 Mr. & Mrs. Chapman C. Brown 3168 Richard Avenue NE Roanoke Virginia 24012 No. 7090110 Mr. & Mrs. Robert L. Beard 3202 Riohard Avenue, NE Roanoke Virginia 24012 No. 7090502 F & D Land Company P. O. Box 8636 Roanoke Virginia 24014 No. 7090503 Mr. & Mrs. Harry W. Bratton Route 1, Box 242 Moneta, Virginia 24121 No. NO. NO. 7090409 7090401 7080114 Mr. John C. Glasgow, et al. c/o Valley Land Investment Company P. O. Box 8158 Roanoke, Virginia 24014 Mr. & Mrs. Charles L. McGhee 4127 Mockingbird Hill, NE Roanoke, Virginia 24012 Mr. & Mrs. Clyde J. Elswiok, 6341Pinetree Lane Roanoke, Virginia 24019 Jr. 2 ROANOK LOCATION: m m"'~mm ~¢mm m mm! Office of the City Clerk January 26, 1989 File #51 Mr. M. Christian Orndorff Attorney 103 West Campbell Avenue Roanoke, Virginia 24011 Dear Mr. Orndorff: I am enclosing copy of a report of the City Planning Corr~nission recorr~nending that the Council of the City of Roanoke grant the request of your client, Hickory Woods, [nc., a Virginia Corporation, that a 1.206 acre tract of land and a 1.603 acre tract of land, located between King Street, N. E., and Uo S. Route 460, Hickory Woods, being a portion of Official Tax No. 7090521, be rezoned from LM, Light Manufacturing District and RS-3, Residential Single Family District, respectively, to RM-2, Residential Multi-Family District. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed reouest has been set for ~tonday, February 13, 1989, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. (The Ordinance wilt be forwarded to you under separate cover). Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Commission report should be directed to Mro John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, /~ Mary F.~Parker , CMC City Clerk MFP:ra PUBLIC27 Room 456 Municipal Building 215 Church Avenue S.W Roanoke 'vlrg~nia 2401 t (703) 981-254'~ ~r. M. Christian Orndorff January 26, 1989 Page 2 pc: lit. & Mrs. Hyle W. Perdue, 3104 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Alfred Taylor, 3112 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Audrey ~. Ferguson, 3120 Richard Avenue, N. E,, Roanoke, Virginia 24012 Mr. & Mrs. Leon J. Fields, 3128 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Brenda G. Orange, 3136 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. Nova Wimmer, 3144 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Corrie E. Smith-Harris, 3125 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. Hanley R. Mayes, 3160 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Chapman C. Brown, 3168 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Robert L. Beard, 3202 Richard Avenue, N. E., Roanoke, Virginia 24012 F & D Land Company, P. O. Box 8636, Roanoke, Virginia 24014 Mr. & Mrs. Harry W. Bratton, Route 1, Box 242, Moneta, Virginia 24121 Mr. & Mrs. Harold B. Alexander, 1260 - 15th Street, Santa Monica, California 90404 E. J. Land Company, c/o Branch & Associates, P. 0. Box 8158, Roanoke, Virginia 24014 Mr. & Mrs. Charles L. McGhee, 4127 Mockingbird Hill, N. E., Roanoke, Virginia 24012 Mr. & Mrs. C. J. Elswick, Jr., 6341 Pinetree Lane, N. E., Roanoke, Virginia 24019 Mr. Wallace H. Johnson, Jr., 4426 Hollins Road, N. E., Roanoke, Virginia 24012 Mr. David L. Kanode, 4426 Hollins Road, N. E., Roanoke, Virginia 24012 Mr. C. Wayne Boitnott, Dominion Bank Building, 201 South Jefferson Street, Roanoke, Virginia 24011 Mr. Robert R. Copty, Dominion Bank Building, 201 South Jefferson Street, Roanoke, Virginia 24011 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Corr~aission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. M. Christian Orndorff January 26, 1989 Page $ pe: Mr Mr, Mr Von W. Moody, III, Director of Real Estate Valuation Michael M. Waldvogel, Chairman, City Planning Commission Lo ElWood Norris, Chairman, BOard of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Corr~iSsioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation Administrator Mr. John R. CommiSsion Ms. Doris Layne, PUbLJSHLR'S F~c $2~i.o0 T I ,v ] S M CHRiSTiA*'~ OR,NDCiRFF LOb ~ CAMPbeLL AVE Su1'r~ 300 STATE OF VIRG[i~IA CIFY CF NOANUK~ AFFIHAVIT OF PUBLICATION 1, ITH~ UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TINES-w~KLD COR- PORATION~ ~HICH CORPDRATiuN IS PUbLIShER L]~ THE ROANOKE TIMES & wDRLD-NEWS~ A DAILY i~E~SPAPER PUBLISHED IN ROANOKE~ IN THE STATE DF VIRGINIA, DC CERfIFY THaT THE ANNEXED NOTICE ~AS PUBLISHED iN SAID NEWSPAPERS ON THE FOLLOWING DATES 01/27/S~ MORNING 02/03/89 MORNING ~iITNESS, THIS 6TH DAY ~F FEBRUARY 1989 AU1HOKI~D SIGNATURE r~l~l hI'MMly M U, ~ROU~ 4~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, February 13, 1989, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning of one parcel from RS-3, Residential Single-Family District and another parcel from LM-Light Manufac- turing District, to RM-2, Residential Multi-family, Medium Den- sity District, the following property: Two parcels of land situate between King Street and U.S. Route 460, containing in the aggregate 2.809 acres, more or less, both being portions of Official Tax No. 7090521, and more particularly described as follows: Parcel One BEGINNING at a concrete monument on the southerly right-of-way of U.S. Route 460, designated Number 1, said point being the northwesterly corner of New Tract B, Hickory Woods Subdivision, recorded in Map Book 1, Page 577; thence S. 84° 04' 15" E. 88.88 feet to a point, designated, Number 22; thence S. 15° 30' 30" E. 160.25 feet to a point, designated Number 18, being the northeasterly corner of Charles L. and Edna L. McGee property; thence with the northerly line of the McGee property, S. 57° 24' W. 209.79 feet to a point, designated No. 19, said point being the southeasterly corner of property formerly owned by John C. Glasgow, et al; thence with the easterly line of the Glasgow property, N. 32" 36' W. 235.00 feet to a point, designated No. 20, on the southerly right-of-way of U. 8. Route 460, said point being the northeasterly corner of the Glasgow property; thence with the southerly right-of-way of U. S. Route 460, the following, N. 57° 24' E. 154.16 feet to a point, designated Number 21; thence S. 84° 04' 15" E. 42.51 feet to the Point of BEGINNING, and containing 1.206 acres. Parcel Two BEGINNING at a concrete monument on the southerly right-of-way of U. S. Route 460, said point, desig- nated Number 1, being the northwesterly corner of New Tract B, Hickory Woods Subdivision, recorded in Map Book 1, Page 577; thence with the common line between New Tract A, and New Tract B the following S. 84' 04' 15" E. 88.88 feet to a point, designated Number 22; thence S. 15' 30' 30" E. 62.83 feet to a point, designated Number 23; thence N. 74' 29' 30" E. 90.14 feet to the true Point of BEGINNING; thence continuing with the common line between New Tract A and New Tract B the following N. 74' 29' 30" E. 25.00 feet to a point, designated Number 24; thence S. 73' 35' 30" E. 261.67 feet to a point; designated Number 25; thence S. 55' 52' 15" W. 45.00 feet to a point, designated Number 26; thence S. 29' 06' E. 101.52 feet to a point, designated Number 27; thence N. 73' 22' 15" E. 305.00 feet to a point, designated Number 28; thence S. 78' 37' 45" E. 324.54 feet to a point, designated Number 29; thence S. 33' 37' 45" E. 181.56 feet to a point, designated Number 30, said point being the southeasterly corner of New Tract A; thence continuing with the common line of New Tract A and New Tract B, S. 56' 22' 15" W. 40.00 feet to a point; thence leaving the line between New Tract A and New Tract B and following along the existing zoning line through New Tract A the following, N. 33' 37' 45" W. 165.00 feet to a point; thence N. 78' 37' 45" W. 298.00 feet to a point; thence S. 73' 22' 15" W. 425.17 feet to a point; thence N. 34' 07' 14" W. 310.16 feet to the true Point of BEGINNING, and containing 1.603 acres. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 25thday of January , 1989. Mary F. Parker, City Clerk Please publish in ful! twice, once on Friday, January 27, 1989, and once on Friday, February 3, 1989, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. M. Christian Orndorff Attorney 103 West Campbell Avenue Roanoke, Virginia 24011 C~ce of ~e City December 14, I~88 Mr. ~lichael M. WaIdvogeI Chairman City Planning Corrgr~ission Roanoke, Virginia Dear Waldvogel: Pursuant to Section 36.i-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from ~fr. M. Christian Orndorff, Attorney, representing Hickory Woods, [nc., .equesting that a tract of Iand containing 2.80~ ncres, situated between U. S. ~oute 460 and Ki.g Street, N. W., identified as Official Tax No. 7~90521, he rezoned from RS-3, Residential Single Family, ~edium Density District, and LM, Light Manufacturing District, to RM-2, Residential Muiti~Famiiy, Medium Density Dist.ict. MFP:ra Eno. pc: Sincerely, Sandra H. Deputy City Clerk ~r. M. Christian Orndorff, 103 West Campbelt Avenue, Virginia 24011 Mr. John R. ~iarIles, Agent/Secreta.y, City Planning Corrrmission ~ir. Ronatd H. )iitler, Zoning Administrator ~fs. Katherine Howe Jones, Assistant City Attor,~ey Roanoke, Room456 MunicipalBuilclin9 215 0~urch Avenue SW F~ar, oke ',4rg~nia24~)11 (703) 98t-2541 ~ ~ ,,- c- , - , LAW OFFICES HAMPTON W. THOMAS, P.C. HAMPTON W. THOMAS M. CHRISTIAN ORNDORFF ROANOKE, VIRGINIA 24011 (703) 3,r.~oo31 Telecopi~ (703) 344-3329 December 13, 1988 MAILING ADDRESS: P. O. BOX 13827 ROANOKE, VIRGINIA 24037 Mary F. Parker, CMC Clerk, City of Roanoke Room 456, Municipal Bldg. 215 Church Ave., SW Roanoke, VA 24011 Re: Hickory Woods Rezoning Dear Mrs. Parker: At the City's request, in the above matter. Our November 7, 1988, and the I am filing an amended petition original petition was filed on required fees were paid. At your earliest convenience, please place this matter on the schedule of matters to be considered by the City Planning Commission. Very truly yours, MCO/ndm Enclosure cc: Mr. John R. Ms. Katherine Mr. Ronald H. Hickory Woods, HAMPTON W. THOMAS, P.C. Marlles, Planning Commission Howe Jones, Assistant City Attorney Miller, Zoning Administrator Inc. O~,ce of rne City Cl~r~ November ?, 1988 Mr. Michael ~. Waldvogel Chairman City Planning Commission Roanoke~ Virginia Dear Mr. WaIdvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, [ am enclosing copy of a petition from M. Christian Orndorff, Attorney, representing Hickory Woods~ Inc., requesting that a tract of land situate between U. S. Route 460 and King Street, N. E., containing 12.506 acres, identified as Official Tax No. 7090521, be rezoned from RS-3, Single Family Residential District, to RM-2, Residential Multi-Family District, Medium Density District. MFP: r a Enco pc: Sincerely, fi~4~.-- Mary F. Parker, CMC City Clerk Mr. M. Christian Orndorff, 103 IYest Campbell Avenue, Virginia 24011 Mr. John R. MarIles, Agent/Secretary, City Planning Corr~nission Mr. Ronald H. Miller, Zoning Administrator Ms. Katherine Howe Jones, Assistant City Attorney Roanoke, Room 456 Municipal Building 2t5 C~urch Avenue SW Poanohel V~rg~nia 24011 (703) 981-2541 VIRGINIA: IN THE CITY COUNCIL OF THE CITY OF ROANOKE PETITION TO AMEND PROPERTY DESCRIPTION RE: AMENDMENT OF PROPERTY DESCRIPTION IN THE REZONING OF A TRACT OF LAND LYING AND BEING IN THE CITY OF ROANOKE, VIRGINIA, CONTAINING 12.506 ACRES, SITUATED BETWEEN U.S. ROUTE 460 AND KING STREET, NW, DESIGNATED ON ROANOKE APPRAISAL MAP AS OFFICIAL TAX NO. 7090521 REZONED FROM RS-3, SINGLE FAMILY RESIDENTIAL DISTRICT, TO RM-2, RESIDENTIAL MULTI-FAMILY DISTRICT, MEDIUM DENSITY TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE 1. The petitioner, Hickory Woods, Inc., a Virginia cor- poration, (hereinafter Hickory Woods) owns a certain tract of land located at the City of Roanoke, Virginia, situated between U.S. Route 460 and King Street, NW, containing 12.506 acres, known as New Tract "A", a plat of which is recorded in Roanoke City Circuit Court, Map Book 1, Page 577. A map of the tract is attached as Exhibit "A" and a property description of the tract is attached as Exhibit "B". The official tax number of this tract is 7090521. 2. By Ordinance No. 27386, dated January 22, 1985, the Council of the City of Roanoke rezoned a 9.697 acre portion of this tract from RS-3, Single Family Residential District, to RM-2, Residential Multi-Family District, Medium Density. A copy of the ordinance is attached as Exhibit "C". 3. The subject property has been developed in conformity with the "as built" plan attached as Exhibit "D" which plan has been subject to review and approval of the City of Roanoke. Copies of the zoning and sewer maps of the subject property are attached as Exhibits "E" and "F". Attached as Exhibit "G" is an enlarged copy of the zoning map showing the land to be included under this zoning amendment. 4. Pursuant to Article VIII of Chapter 36.1-690, Code of Roanoke City (1979) as amended, your petitioner requests that the description of the property designated in the above ordi- nance and appraisal map be corrected to show the 12.506 acre parcel of land designated as New Tract "A" as described in Exhibits "A" and "B" attached, and that this entire tract have the zoning classification RM-2, Residential Multi-Family District, Medium Density, subject to all conditions or restric- tions as set out or incorporated in the above ordinance. 5. Your petitioner believes that this amendment to the above ordinance will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan in that it will facilitate provision of adequate drainage and flood protec- tion while being consistent with the character of adjoining pro- perty and area. 6. Attached as Exhibit "H" are names, addresses and tax numbers of owners of all lots or property immediately adjacent to or immediately across a road from the property to be rezoned. WHEREFORE, your petitioner requests that the Roanoke City Council reaffirm its decision that the tract be rezoned, subject to the conditions and restrictions as set out in the ordinance attached as Exhibit "C" and subject further to the proffered amendment of property description as set out herein, in accor- dance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, HICKORY WOODS, INC. HCR 1, Box 60 Charlottesville, VA 22901 ~ufi se ~ ~or - H~r y~6od s, Ino o M. Christian Orndorff Hampton W. Thomas HAMPTON W. THOMAS, P.C. 103 West Campbell Avenue Roanoke, Virginia 24011 ~5-~?~1 o~ "4 EXHIBIT B BEGINNING at the common corner of the property of Hickory Woods, Inc., as it intersects with the northwesterly corner of the pro- perty of Valley Land Investment Company, a Virginia Limited Partnership, consisting of the estate of John C. Glasgow, et al., as partners, which said point is situated on the southeasterly boundary of a 15' strip of land dedicated to the City of Roanoke, Virginia, for use as a deceleration lane for the bene- fit of Hickory Woods, Inc., as shown in the records of the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Map Book 1, Page 447; and which said point is further designated as point 20 on a certain Plat of Survey made for Hickory Woods, Inc., et als., by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated June 12, 1986, of record in the aforesaid Clerk's Office in Map Book 1, Page 577, thence continuing on said Plat of Survey from point 20 aforesaid N. 570 24' E. 154.16 feet to point 21; thence S. 84° 04' 15" E. 42.51 feet to point 1; thence S. 84o 04' 15" E. 88.88 feet to point 22; thence N. 15° 30' 30" W. 62.83 feet to point 23; thence N. 74o 29' 30" E. 115.14 feet to point 24; thence S. 73° 35' 30" E. 261.67 feet to point 25; thence S. 55° 52' 15" W. 45.0 feet to point 26; thence S. 29° 06' E. 101.52 feet to point 27; thence N. 73° 22' 15" E. 305 feet to point 28; thence S. 780 37' 45" E. 324.54 feet to point 29; thence S. 33° 37' 45" E. 181.56 feet to point 30; thence S. 56° 22' 15" W. 1020.00 feet to point 17; thence N. 15o 30' 30" W. 784.53 feet to point 18; thence S. 57o 24' W. 209.79 feet to point 19; thence N. 320 36' W. 235.00 feet to point 20; the point of Beginning, and being shown as New Tract "A" containing 12.506 acres as shown on the Plat of Survey aforesaid in Map Book 1, Page 577; and BEING the same property conveyed to Hickory Woods, Inc., a Virginia corporation, by Deed dated July 28, 1986, from F. Earl Frith and Judy A. Frith, partners trading as E. J. Land Co., a Virginia General Partnership, of record in the aforesaid Clerk's Office in Deed Book 1542, Page 1737; and by Deed of Correction dated December 29, 1986, of record in the aforesaid Clerk's Office in Deed Book 1551, Page 1801. IN THE COUNCIL OF THE CITY OF ROA~O¥~, VIRGINIA The 22nd day of January, 1985~ NO. 27386. AN ORDINANCE to amend Section 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have a tract of land located in the City of Roanoke, Virginia, containing 9.697 acres, situated between U. S. Route 460 and King Street, NW, and designated as part of 30.235 acres on Roanoke City Appraisal Map as Official Tax Number 7090501 rezoned from RS-3, Single-Family Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Con~nission has recommended that the hereinafter described land be rezoned from RS-3, Single-Family Residential District, to RG-1, General Residential District; the said rezoning to be subject to the conditions proffered by the applicants in their third amended application for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 14th day of January, 1985 at 7:30 p.m., before the Council of the City of Roanoke, at which hearing ali parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and .\ WHEREAS, this Council, after considering the aforesaid application, the recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 709 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located in the City of Roanoke, Virginia consisting of 9.697 acres situated between U. S. Route 460 and King Street, NW, described as a portion of Tract 3 of the Bratton Subdivision designated on Sheet 709 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 7090501 be, and is hereby, changed from RS-3, Single-Family Residential District, to RG-1, General Residential District, subject to the conditions proffered by and set forth in the applicant's third amended application for rezoning, and that Sheet No. 709 of the aforesaid map be changed in this respect. ATTEST: City Clerk II LIST OF ADJOINING PROPERTY OWNERS No. 7090101 No. 7090102 No. 7090103 No. 7090104 No. 7090105 No. 7090106 No. 7090107 No. 7090108 No. 7090109 No. 7090110 No. 7090502 No. 7090503 Mr. & Mrs. Hyle W. Perdue 3104 Richard Avenue. NE Roanoke, Virginia 24012 Mr. & Mrs. Alfred Taylor 3112 Richard Avenue NE Roanoke, Virginia 24012 Audrey M. Ferguson 3120 Richard Avenue NE Roanoke, Virglnza 24012 Mr. & Mrs. Leon J. Fields 3128 Richard Avenue NE Roanoke, Virginia 24012 Brenda G. Orange 3136 Richard Avenue NE Roanoke, Virglnza 24012 Mr. Nova Wimmer 3144 Richard Avenue. NE Roanoke, Virginia 24012 Ms. Corrie E. Smith Harris 3125 Richard Avenue NE Roanoke, Virginza 24012 Mr. Hanley R. Mayes 3160 Richard Avenue NE Roanoke, Virginia 24012 Mr. & Mrs. Chapman C. Brown 3168 Richard Avenue NE Roanoke, Virginia 24012 Mr. & Mrs. Robert L. Beard 3202 Richard Avenue NE Roanoke, Virginza 24012 F & D Land Company P. O. Box 8636 Roanoke, Virginia 24014 Mr. & Mrs. Harry Route 1, Box 242 Moneta, Virginza W. Bratton 24121 NO. No. NO. 7090409 7090401 7080114 Mr. John C. Glasgow, et al. c/o Valley Land Investment Company P. O. Box 8158 Roanoke, Virginia 24014 Mr. & Mrs. Charles L. McGhee 4127 Mockingbird Hill, NE Roanoke, Virginia 24012 Mr. & Mrs. Clyde J. Elswick, 6341 Pinetree Lane Roanoke, Virginia 24019 Jr. 2 TO THE CITY CLERK OF THE CITY OF ROANOKE, PERTAINING TO THE REZONING OF: fiECE ': ~ VIRGINIA Request from Hickory Woods, Inc., represented by M. Christian Orndorff, attorney, that a 1.206 acre tract of land and a 1.603 acre tract of land, zoned LM, Light Manufacturing District, and RS-3, Residential Single Family District, respectively, situated between King Street and U.S. Route 460, Hickory Woods, and being a portion of Official Tax No. 7090521, be rezoned to RM-2 Residential Multi-Family District. AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of December, 1988, notices of a public hearing to be held on the 4th day of January, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 7090101 OWNERt AGENT OR OCCUPANT Mr. and Mrs. Hyle W. Perdue ADDRESS 3104 Richard Avenue Roanoke VA 24012 7090102 Mr. and Mrs. Alfred Taylor 3112 Richard Avenue Roanoke VA 24012 7090103 Audrey M. Ferguson 3120 Richard Avenue Roanoke VA 24012 7090104 Mr. and Mrs. Leon J. Fields 3128 Richard Avenue Roanoke VA 24012 7090105 Brenda G. Orange 3136 Richard Avenue Roanoke VA 24012 7090106 Nova Wimmer 3144 Richard Avenue Roanoke VA 24012 7090107 Corrie E. Smith Harris 3125 Richard Avenue Roanoke VA 24012 7090108 Hanley R. Mayes 3160 Richard Avenue Roanoke VA 24012 7090109 Mr. and Mrs. Chapman C. Brown 3168 Richard Avenue Roanoke VA 24012 7090110 Mr. and Mrs. Robert L. Beard 3202 Richard Avenue Roanoke VA 24012 7090502 7090503 7090503 7090409 7090401 7080114 7140113 7140114 F & D Land Company P. O. Box 8636 Roanoke, VA 24014 Mr. and Mrs. Harry W. Bratton Harold B. Alexander Ann Pendleton Alexander E J Land Company c/o Branch & Associates Mr. and Mrs. Charles L. McGhee Mr. and Mrs. C. J. Elswick, Jr. Wallace H. Johnson, Jr. David L. Kanode Route 1, Box 242 Moneta, VA 24121 1260 15th Street Santa Monica, CA 90404 P. O. Box 8158 Roanoke, VA 24014 4127 Mockingbird Hill Roanoke, VA 24012 6341 Pinetree Lane Roanoke, VA 24019 4426 Hollins Road, NE Roanoke, VA 24012 C. Wayne Boitnott Dominion Bank Bldg. Robert R. Copty Roanoke, VA 24011 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 1988. Notary Public My Commission Expires: Office of t~e City Clerk February 22, 1989 File #51 Mr. E. Griffith Dodson, Jr. Attorney P. 0. Box 1371 Roanoke, Virginia 24007 Dear Mr. Dodson: I am enclosing copy of Ordinance No. 29453, rezoning a tract of land lying in the 100 block of Elm Avenue, S. W., containing 0.34 acre, more or less, identified as Official Tax Nos. 1021005 - 1021007, from C-I, Office District, to RM-4, Residential Multi-Family, High Density District, which Ordinance No. 29453 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, M'~ary F~. ar~kk'erf~fCl~ City Clerk MFP:ra Enc. pc: Mr. Lester M. Nolen, 3618 Troutland Avenue, N. W., Roanoke, Virginia 24017 Triad Investments, 806 Second Street, S. W., Roanoke, Virginia 24011 Mr. & Mrs. Richard Fisher, 1921 McVitty Road, Salem, Virginia 24153 Bockner Land Company, c/o Mr. Andrew Bockner, 101 Mountain Avenue, S. W., Roanoke, Virginia 24016 Room 45& Municipol Building 215 Church Avenue S W Roanoke. V)rg~nia 2401 t (703) 981-2541 Mr. E. Griffith Dodson, Page 2 February 22, 1989 Jr. pc: Mr. & Mrs. Alfred Spencer, 1423 Iris Street, No W., Washingtonj D. C. 20012 Mr. J. A. Mills, 1537 Terrace Road, S. Wo, Roanoke, Virginia 24015 Mr. G. B. Dillard, 1537 Terrace Roadj S. W., Roanoke, Virginia 24015 Ms. Ollie M. Moses~ 109 Elm Avenue, S. Wo, Roanoke, Virginia 24016 Mr. Geoff Seamans, President, Old Southwest, Inc., 414 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Com~nission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Corr~nission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Cor~nission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VI~{GINIA, The 21st day of February, 1989. No. 29453. AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 102, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-l, Office District, to RM-4, Residential Multi-Family High Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on February 13, 1989, after due and timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 102 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land lying in the 100 block of Elm Avenue, S.W., containing approximately .34 acres, more or less,, designated on Sheet No. 102 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1021005, 1021006 and 1021007 be, and is hereby rezoned from C-I, Office District, to RM-4, Residential Multi-Family High Density District, subject to those conditions prof- fered by and set forth in the Petition to Rezone filed with the City Clerk on December 14, 1989, and that Sheet No. 102 of the Zone Map be changed in this respect. ATTEST: City Clerk. 'BP 24 PT:4Z Roanoke City Planning Commission February 13, 1989 The Honorable Noel C. Taylor, Mayor and Member of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from the Trustees of St. John's Episcopal Church represented by Mr. C. Griffith Dodson, Jr., Attorney, that a tract of land lying in the 100 block of Elm Avenue, S.W., containing 0.34 acre, more or less, be rezoned from C-l, Office District to RM-4, Residential Multi-Family High Density Districtl such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: ae Purpose of the rezoning is to permit the construction of a new multi-family dwelling containing fifteen (15) dwelling units. Petition was filed on December 14, 1988. Conditions proffered by the petitioners are as follows: That the property will be developed in substantial compliance with the site plan prepared by Gregory and Associates, Architects, dated December 14, 1988, a copy of which is attached to the Petition for Rezoning as Exhibit "B" subject to any changes required by the City during site plan review. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning will revert to C-l, Office District, Poom 355 Municipal Building 215 Church Avenue, S W~ Roanoke, Virginia 24011 (703)98t-2344 Roanoke City Council Page 2 February 13, 1989 without further action by City Council. That rezoning shall be subject to granting of application for special exception by the City of Roanoke Board of Zoning Appeals for the following variances: a) From parking requirements to allow provision of 12 on-site parking spaces in lieu of the required 16, with the understanding that the 4 spaces will be provided on property owned by this property owner within 300 feet of subject property. b) From rear yard requirements to allow a rear yard of 15 feet in lieu of the required 25 feet, as required in Sec. 36.1-149(d). c) From minimum lot size, lot area ratio and lot frontage to allow a lot size of 14,897 square feet in lieu of the required 15,000 square feet, to allow 15 dwelling units on the 14,897 square foot lot in lieu of the required 1,000 square feet for each dwelling unit, and to allow frontage of 98.92 feet in lieu of 100 feet, as required in Sec. 36.1-147(b). Ce Plannin~ Commission public hearing was held on Wednesday, January 4, 1989. Mr. Griffith Dodson appeared before the Commission and said that St. John's had a $665,000 loan to finance the project and was interested in constructing 15 units of low-cost housing to be made available for persons who have handicaps but are self- sufficient. Tenants would be screened by Mental Health Services of the Roanoke Valley. He said that the location was particularly appropriate because it was close to the church, downtown, and Mental Health Services. Mr. Grady Gregory, architect, presented the site plan and elevations. He stated that the proposed Roanoke City Council Page 3 February 13, 1989 two-story structure was designed to blend into the neighborhood. Mr. Geoff Seamans, president of Old Southwest, Inc., stated that the neighborhood was supportive of the project. The staff recommendation to approve the request was presented by Mr. Marlles. He said both the land use pattern and the comprehensive plan supported such a decision. II. Issues: Zonin9 is presently C-i, Office District. To the north along Elm Avenue, S.W., the existing zoning is C-3, Central Business District. The remaining adjoining properties to the east, south and west of the subject property are all zoned C-l, Office District. Land use is currently a parking lot. To the north mixed types of high density multi-family residential uses exist. To the east, more multi-family uses exist as well as additional parking lot use. To the south, the uses are a mix of commercial/ professional offices and multi-family housing. To the west, additional high density multi-family and cormnercial uses exist. The property adjoins an H-2 district. Utilities are available. A combined storm and a sanitary sewer exist at 1st Street and Elm Avenue, S.W., but the City currently has plans to correct that existing situation. There is no impact expected on existing utility capacity. Traffic impact is expected to be minimal. The projected trip generation is 90 average daily trips (ADT). A similar number of trips could be generated by a permitted C-1 use. Neighborhood is a mix of various housing and commercial uses. The neighborhood is included in the boundaries of the Old Southwest Inc., neighborhood organization. Comprehensive Plan recommends that infill development of this type be encouraged. Roanoke City Council Page 4 February 13, 1989 III. Alternatives: A. City Council approve the rezoning request. Zoning changes from C-1 to RM-4. reasonable and desirable infill development would be permitted. A Land use would be residential. The impact on the neighborhood would be minimal and proposed development would be compatible with the existing uses. 3. Utilities are available and adequate. Traffic and access could be accommodated. Neighborhood impact would be minimal. A parking lot would be removed and a desirable structure with landscaping would be constructed. 6. Comprehensive Plan would be followed. B. City Council deny the rezoning request. 1. Zonin~ would remain C-1. Land use would remain as a parking lot with development limited to permitted uses. 3. Utilities would be unaffected. 4. Traffic would be unaffected. 5. Neighborhood would be unaffected. Comprehensive Plan could still be followed. IV. Recommendation: By a vote of 5-0 (Messrs. Price and Bradshaw absent), the Planning Commission recommended aDDroval of the rezoning request. Given the existing land uses along Elm Avenue, S.W., and the need for infill housing of this type, the proposed use is reasonable. Roanoke City Council Page 5 February 13, 1989 Respectfully submitted Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:JTT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner I__~N THE COUNCIL OF THE CITY OF ROANOKEf:VIR~r~~- ~'~ IN RE: REZONING OF A TRACT OF LAND LYING IN '~0 ~L6~K OF ELM AVENUE, S. W.; TAX NOS. 1021005-06-07 FROM C-l, OFFICE DISTRICT TO RM-4, RESIDENTIAL MULTI- FAMILY, HIGH DENSITY DISTRICT, SUCH REZONING TO BE SUBJECT TO CERTAIN CONDITIONS. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF RONAOKE: The Petitioner, Trustees of St. John's Episcopal Church, owns land in the City of Roanoke containing 0.34 acres, more or less, located 100 Block of Elm Avenue, S. W., Tax Nos. 1021005- 06-07. Said tract is currently zoned C-l, Office District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-l, Office District to RM-4, Residential Multi-family High Density District, subject to certain conditions set forth below, for the purpose of construc- tion Of multi-family dwelling of fifteen (15) units. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will pro- vide for multiple-family dwelling near the C-3 Central Business~ District, in 'keeping with the surrounding neighborhood. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: o That the property will be developed in sub- stantial compliance with the site plan prepared by Gregory and Associates, Architects, dated December 14, 1988, a copy of which is attached to the Petition for Rezoning as Exhibit "B," subject to any changes required by the City during site plan review. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning will revert to C-l, Office District, without further action by City Council. That re-zoning shall be subject to granting of Application for Special Exception by the City of Roanoke Board of Zoning Appeals for the following variances: a. From parking requirements to allow pro- vision of twelve on-site parking spaces in lieu of the required 16, with the understanding that the four spaces will be provided on property owned by this property owner within 300 feet of subject property. b. From rear yard requirements to allow a rear yard of 15 feet in lieu of the required 25 feet, as required in Sec. 36.1-149(d). C o lieu of 100 36.1-147(b). Attached as Exhibit From minimum lot size, lot area ratio and lot frontage to allow a lot size of 14,897 square feet in lieu of the required 15,000 square feet, to allow fifteen (15) dwelling units on the 14,897 square foot lot in lieu of the required 1000 square feet for each dwelling unit, and to allow frontage of 98.92 feet in feet, as required in Sec. "C" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 14th day of January, 1989 Respectfully submitted, Of Counsel v E. Griffith Dodson, Dodson, Pence, Viar, P. O. Box 1371 Roanoke, VA 24007 (703) 345-0426 Jr. Young & Woodrum GREGORY & ASSOCIATES ARCHITECTS' : I::IOA NO I(I:1 VlflOINIA / ./ N 01°~ 3o~,w. 150.27' ,'~oukITAl~ M~NoN 1.401,4~. GREGORY & ASSOCIATES ARCHITECTS' .o~.oK. v,...,.,,~ EXHIBIT C Official Tax Number Owners's Name and Mailin~ Address 7040107 7040209 7040210 Trustees, St. John's P. O. Box 1371 Roanoke, VA 24007 Same as above Same as above Episcopal Church 7050102 Same as above 7050107 Same as above 7080601 Same as above 1021004 Lester M. Nolen 3618 Troutland Avenue, N. Roanoke, VA 24017 1021003 1021011 1021012 1021014 1021008 1020426 1020427 1020428 1020429 1020433 Triad Investments 806 2nd Street, S. W. Roanoke, VA 24016 Richard Fisher 1921 McVitty Road Salem, VA 24153 Richard Fisher 1921 McVitty Road, Salem, VA 24153 Bockner Land Company 101 Mountain Avenue, Roanoke, VA 24016 S. Wo Triad Investments 806 2nd Street, S. W. Roanoke, VA 24016 Triad Investments 806 2nd Street, S. W. Roanoke, VA 24016 Alfred Spencer 1423 Iris Street, N. W. Washington, D C 20012 J. A. Mills and G. B. Dillard 1537 Terrace Road, S. W. Roanoke, VA 24015 Ollie M. Moses 109 Elm Avenue, S. W. Roanoke, VA 24016 Triad Investments 806 2nd Street, S. W. Roanoke, VA 24016 VINTON ~ LOCATION ?? I{ () I) I) I{l-.'Z ()NINO MouNTAtN -'t C~ce of the City Cle~ January 26, 1989 File ~51 Mr. E. Griffith Dodso., Jr. Attorney P. 0. Box 1371 Roanoke, Virginia 24007 Dear ~r. Dodson: [ am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your clients, Trustees of St. John's Episcopal Church, to rezone a tract of land lying in the 100 block of Elm Avenue, S. W., containing 0.34 acre, more or less, identified as Official Tax Nos. 1021005 - 1021007, from C-1, Office District, to RM-4, Residential Multi-Family, High Density District, subject to cer- tain conditions proffered by the petitioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed reauest has been set for Monday, February 13, 1959, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. (The Ordinance will be forwarded to you under separate cover). Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Cor,~nunity Planning, at 981-2344. Sincerely, /~ Mary F. Parker, CMC City Clerk MFP:.a PUBLIC33 Eric, Room 456 Municipal Building 215 C'~urch Avenue SW Roono~e, Virginia 24011 (703) 981-2541 Mr. E. Griffi th Dodson, January 26, 1989 Page 2 J r pe~ Mr. Lester M. Nolen, 3618 Troutland Avenue, N. W., Roanoke, Virginia 24017 Triad Investments, 806 Second Street, S. W., Roanoke, Virginia 24011 Mr. & Mrs. Richard Fisher, 1921 McVitty Road, Salem, Virginia 24153 Bockner Land Company, c/o ~r. Andrew Bockner, 101 Mountain Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. Alfred Spencer, 1423 Iris Street, ~. W., Washington, D. C. 20012 Mr. J. A. Mills, 1537 Terrace Road, S. W., Roanoke, Virginia 24015 Mr. G. B. Dillard, 1537 Terrace Road, S. W., Roanoke, Virginia 24015 Ms. Ollie M. Moses, 109 Elm Avenue, S. Wo, Roanoke, Virginia 24016 ~r. Geoff Seamans, President, Old Southwest, Inc., 414 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. Wayne G. Strickland, E~ecutive Director, Fifth Planning District Co~ission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Cow~ission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Coraraissioner and Zoning Administrator Mr. John R. Commission Ms. Doris Layne, Marlles, Agent/Secretary, City Office of Real Estate Valuation Planning AD Nd~B~ - 12519~3z~ PdbLiSH~'S FZ~ - YOUNG li ~dGDH, U~ 24001 STATE OF VIRGiNiA CITY OF ROANGKE AFFIDAVIT OF PUbLiCATION i, ITHL UNDEKSIbNEO> AN AUTHORIZED REPRESENTATIVE OF THL TIMES-WORLD COR- PURArlON~ ~HtCH CORPORATION IS PUBLISHER UF THE ROANOKE TIMES & ~CRLD-NENS, A DALLY Nb~SPAPE~ PUBLiSriEO IN ROANOKe, IN THE STATE Oh VIKGINIA~ DO CEKTiFY tHAT THE ANNEXED NOTICE WAS PUdLISH~D IN SAID N~WSPAP~RS ON [H~ FOLLOWING DATES U1/2'1/~9 MORNING 02/05/89 MGRNIN~ WITNESS~ THIS OTH DAY OF FEBRUARY 19c~9 AUTHORIZED SIGNATURE _Ch.~urc~ Avenu~ s, W~ In the MPubltl~Ic inlpeCtlon In the Office NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, February 13, 1989, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from C-i, Office District, to RM-4, Residential Multi-Family, High Density District, the following property: A tract of land lying in the Avenue, S. W., and bearing Official 1021006 and 1021007. 100 block of Elm Tax Nos. 1021005, This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 25th day of January , 1989. ~ary F. Parker, Please publish in full twice, once on Friday, January 27, 1989, and once on Friday, February 3, 1989, in the Roanoke Times and World News, Morning Edition. City Clerk Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. E. Griffith Dodson, Jr. Attorney P. O. Box 1371 Roanoke, Virginia 24007 Office oft he CilyCterk December 20, 1988 ~fr. Michael M. WaIdvogel Chairman City Planning Corr~nission Roanoke, Virginia Dear Mr. Watdvoget: Pursuant to Section 36. 1-890(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. E. Griffith Dodson, Jr., Attorney, representing Trustees of St. John's Episcopal Church, requesting that a tract of land lying in the 100 block of Elm Avenue, S. IV., containing 0..34 acre, more or less, identified as Official Tax Nos. 1021005 1021007, be rezoned from C-1, Office District, to RM-4, Residential Multi-Family, High Density District, subject to cer- tain conditions proferred by the petitioner. Sincere fy, ~fary F. Parker, CMC City Clerk MFP:ra pc: Mr. E. Griffith Dodson, Jr., Attorney, p. O. Roanoke, Virginia 24007 Mr. John R. Marite$, Agent~Secretary, City Planning Commission , Mr. RonaId R. Miller, Zoning Administrator Ms. Katherine Howe Jones, A~si~tant City Attorney 1~71, Room 456 Municipal Buildin~j 2t5 Church Avenue SW Roanoke V~rg~nia 24011 (703) 981-2541 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: '88 P, EO28 A ,:42 Request from Trustees of St. John's Episcopal Church, ) represented by E. Griffith Dodson, Jr., designated as )AFFIDAVIT official tax nos. 1021005, 1021006 and 1021007, be ) rezoned from C-1 to RM-4. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of December, 1988, notices of a public hearing to be held on the 4th day of January, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 1021004 OWNER~ AGENT OR OCCUPANT Lester M. Nolen ADDRESS 3618 Troutland Avenue Roanoke, VA 24017 1021003 Triad Investments 806 2nd Street, SW 1021008 Roanoke, VA 24011 1020426 1020433 1021011 1021011 Richard and Anne Fisher 1921 McVitty Road Salem, VA 24153 1021014 Bockner Land Company c/o Andrew Bockner 101 Mountain Avenue Roanoke, VA 24016 1020427 Alfred and Janice Spencer 1423 Iris Street, NW Washington, D.C. 20012 1020428 J.A. Mills & G. B. Dillard 1537 Terrace Road, SW Roanoke, VA 24015 1020429 Ollie M. Moses 109 Elm Avenue, SW Mar'tha Pace - ~ SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 1988. Notary Public My Commission Expires: Office of ~he City Clerk February 22, 1989 File #51 Mr. Dana A. Walker P. 0. Box 4467 Roanoke, Virginia 24015 Dear Iff. Walker: I am enclosing copy of Ordinance No. 29454, rezoning a parcel of land located at 2416 Clifton Avenue, N. W., described as Lot 36, Block 2, Map of Villa Heights, Official Tax No. 2430806, from RS-3, Residential Single Family, Medium Density District, to RM-1, Residential Multi-Family, Low Density District, which Ordinance No. 29454 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP: ra Enco pc: Mr. & Mrs. Dennis L. Hardy, 2420 Clifton Avenue, N. W., Roanoke, Virginia 24017 Ms. Virginia Reeves, 3135 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. James W. Ramsey, 2419 Clifton Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Daniel M. White, 3034 Lynwood Road, N. W., Roanoke, Virginia 24017 Room 456 Municipal Building 2t§ Church Avenue SW RoancAe, Virginia 24011 (703) 981-2541 Mr. Dana A. Walker Page 2 February 22, 1989 pc; Mr. & Mrs. Angress F. Scott, 2411 Pennsylvania Avenue, N. W., Roanoke, Virginia 24017 Ms. Margaret A. Turpin, 2431 Maryland Avenue, N. Roanoke, Virginia 24017 Mr. & Mrs. John R. Wood, 2427 Maryland Avenue, N. W., Roanoke, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. Wo Robert Herbert, City Manager Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Administrator Mr. John R. Corrgnission Ms. Doris Layne, Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Von W. Moody, III, Director of Real Estate Valuation Michael M. Waldvogel, Chairman, City Planning Corrrnission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles Mo Huffine, City Engineer Ronald Ho Miller, Building Corrgnissioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF The 21st day of February, 1989. No. 29454. ROANOKE, VIRGINIA, AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 243, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single-Family, Medium Density District, to RM-1, Residential Multi-Family, Low Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on February 13, 1989, after due and timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. TREREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 243 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land lying at 2416 Clifton Avenue, N. W., Lot 36, Block 2, Map of Villa Heights, designated on Sheet No. 243 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2430806 be, aud is hereby rezoned from RS-3, Residential Single-Family, Medium Density District, to RM-1, Residential Multi-Family, Low Density District, subject to those con- ditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on November 16, 1988, and that Sheet No. 243 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke Cily Planning Commission February 13, 1989 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Dana A. Walker to rezone a parcel of land located at 2416 Clifton Avenue, N.W., tax no. 2430806, from RS-3 RM-1, such rezoning to be subject to certain conditions proffered by the petitioner. to I. Background: ae Purpose of the rezoning is to permit the rehabilitation and reuse of an existing single family structure for a duplex. Said rehabilitation would provide maximum utilization of the property. Be Petition to rezone was filed on November 16, 1988. The proffered conditions are as follows: The exterior appearance of the structure fronting Clifton Avenue will not be altered. The property will be rehabilitated to contain two living units meeting City site plan requirements to include adequate off-street parking. That if no building permit has been issued within three years from the date of the final zoning approval, the zoning shall revert to RS-3 without further action by City Council. Planning staff recommended denial of the requested rezoning. Staff felt that the proposed rezoning was inconsistent with the existing zoning pattern and single-family character of the area. Room 355 Municipal Building 215 Churd~ Avenue, SW Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 February 13, 1989 II. Plannin~ Commission public hearing was held on December 7, 1988. Mr. Dana Walker presented the request for rezoning. Mr. Walker noted that the property had been allowed to deteriorate over a period of 20 years and that he had purchased the property with the intent of renovating the structure and converting it into a duplex. He noted that he had been given a map by the Planning staff showing that there were other duplexes in the area. No one spoke in opposition to the request although Mr. Marlles noted that he had received one phone call from a neighbor who opposed the rezoning. After discussing his options with the Commission, Mr. Walker requested that his request be tabled in order to go before the Board of Zoning Appeals to request a special exception to permit an accessory apartment. Mr. Walker appeared before the Planning Commission at their public hearing on January 4, 1989, to ask that the Commission act on his original rezoning request. Mr. Walker stated that the City Assistant Zoning Administrator has advised him that his request for an accessory apartment could not be acted upon by the Board of Zoning Appeals since he did not intend on occupying either of the units himself. The staff and one member of the Commission expressed concern that the requested rezoning would be setting a precedent in the neighborhood. Issues: Zoning is presently RS-3. Ail surrounding properties are also zoned RS-3. No RM-1 zoning exists in the adjoining areas. Bo Land use is presently single family. Ail surrounding properties adjoining the site, as well as the surrounding neighborhood, appear to be predominately single family detached residential uses. Roanoke City Council Page 3 February 13, 1989 III. IV. em Traffic is not an issue. Frontage on Clifton Avenue limits ability to provide off-street parking other than by means of the alley to the rear. D. Neighborhood appears to be stable. Comprehensive Plan recommends that neighborhood character should be protected. Alternatives: A. City Council approve the rezoning request. Zonin~ becomes RM-1, conditional. Spot zoning results. 2. Land use becomes duplex. Traffic would not be affected. Alley access would have to be provided. Alley is open and could be utilized by residential vehicular traffic. Neighborhood impact would be minimal, but single family character may start to be undermined. Comprehensive Plan would be followed in as much as a greater variety of housing units would be available in the neighborhood. B. City Council recommend approval of the rezoning. 1. Zoning remains RS-3. 2. Land use remains unchanged. 3. Traffic would not be affected. Neighborhood impact is minimal, but single family character is preserved. 5. Comprehensive Plan would be followed. Recommendation: By a vote of 4-1 (Messrs. Price and Bradshaw Roanoke City Council Page 4 February 13, 1989 absent and Mrs. Goode voting against the motion), the Planning Commission recommended approval of the requested rezoning. The Planning Commission felt that given the physical condition of the property, a well done multi-family unit would be more beneficial to the area than a series of single family units that were not well maintained. Respectfully submitted Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:JTT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner PETZTION TO REZONF IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning of a tract of land lying at 2416 Clifton Ave., N.W., Lot 36, 8lock 2, Map of Villa Heights, Tax No. 2430806, from RS~ to RM1, such zoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner Dana A. Walker, owns land in the city of Roanoke located at 2416 Clifton Ave., N.W., Tax No. 2430806. Said tract is currently zoned RS3. A map of the property is attached as Exhibit A. Pursuant to Article VII of Chapter ~6.1-690, Code of 'ne City of Roanoke (1979), as amended, the Petitioner Requests that the said property be zoned from RS3 to RM1 for the purpose of rehabilitation and maximum utilization of said property. The Petitioner believes the zoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow the rehabilitation of neglected properties in the neighborhood by making it economi- cally feasible to convert them from single family resi- dences to income producing properties.' The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the zoning will be subject to, and that the petitioner will abide by, the following conditions. The exterior appearance of fronting Clifton Ave. will altered. the structure not be The property will be rehabilitated to contain two living units meeting City site plan requirements to in- clude adequate off-street parking. That if no building permit has been issued within three years from the date of the final zoning approval, the zoning shall revert to RS3 with- out any further action by City Council. Attached as Exhibit 8 are names, addresses and tax num- bers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 12th day of October,1988. Respectfully Submitted Dana A. Walker, Owner P,O. Box 4467 Roanoke, VA 24015 343-6766 mrooer~y PROPERTY LOCATION 2428 Clifton Ave. N.W. 2424 Clifton Ave. N.W. 2420 Clifton Ave. N.W. 2412 Clifton Ave. N.W. 2408 Clifton Ave. N.W. 2402 Clifton Ave. N.W. 2419 Clifton Ave. N.W. 2415 Clifton Ave. N.W. 2411 Clifton Ave. N.W. 2407 Clifton Ave. N.W. 2401 Clifton Ave. N.W. TAX MAP # 2430803 2430804 2430805 2430807 2430808 2430809 2430430 2430431 2430432 2430433 2430434 PROPERTY OWNER Roland H. Harris Fletcher Nicholson Dennis L. Hardy Virginia Reeves Charles W. Hall Oonald Stuart James W. Ramsey Dennis M. White Angress F.Scott Helen E. Davis Ilona W. 8ares Garland Bates OWNERS ADDRESS 3026 Cove Rd. N.W. 2424 Pennsylvania Ave. N. 2420 Clifton Ave. N.W. 3135 Melrose Ave. N.W. 2408 Clifton Ave. N.H. 2402 Clifton Ave. N.W. 2419 Clifton Ave. N.W. 3034 Lynwood Rd.N.W. 2411 Pennsylvania Ave. N. 1209 Loudon Ave. N.W. 2401 Clifton AVe. N.W. 2431 Maryland Ave. N.W. 2427 Maryland Ave. N.W. 2423 Maryland Ave. N.W. 2419 Maryland Ave. N.W. 2430824 2430825 2430826 2430827 Margaret A. Turpin Jo~n R. Wood Joseph O. Palmer Lilia P. Robins 2431 Maryland Ave. N.W. 2417 Maryland Ave. N.M. 2423 Maryland Ave. N.W. 2419 Maryland Ave. N.W. Exhibit 8 Conception Plan for DANA A. WALKER 2416 Clifton Ave. N.M, \ LOCATION '8 ?707 · 70.~ 5' 7/0 071~ o I;IOI OSI;I) I F. ZONING ,/ Office of Fn, e City Cler~ January 26, 1989 File ~51 Mr. Dana A. Walker P. 0. Box 4467 Roanoke, Virginia 24015 Dear Mr. Walker: I am enclosing copy of a report of the City Planning Corrgnission recommending that the Council of the City of Roanoke grant your request to rezone a parcel of land located at 2416 Clifton Avenue, N. W., described as Lot 36, Block 2, Map of Villa Heights, identified as Official Tax No. 2430806, from RS-3, Residential Single Family, Medium Density District, to RH-1, Residential Multi-Family, Low Density District, subject to cer- tain conditions proferred by the petitioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, February 13, 1989, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. (The Ordinance will be forwarded to you under separate cover). Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, C~IC City Clerk ~iFP:ra PUBLIC29 Enco Room 456 Municipal Builcflng 215 Church Avenue SW Roanoke ¥1rcj~nia 24011 (703) 98'1-2541 Mr. Dana A. Waiker January 26, 1989 Page 2 pc: Mr. & Mrs. Dennis L. Hardy, 2420 Clifton Roanoke, Virginia 24017 Ms. Virginia Reeves, 3135 Melrose Avenue, Virginia 24017 Mr. & Mrs. James W. Ramsey, 2419 Clifton Roanoke, Virginia 24017 Mr. & Mrs. Daniel M. White, 3034 Lynwood Road, N. Roanoke, Virginia 24017 Mr. & Mrs. Angress F. Scott, 2411 Pennsylvania Avenue, N. W., Roanoke, Virginia 24017 Ms. Margaret A. Turpin, 2431 Maryland Avenue, N. Roanoke, Virginia 24017 ~r. & Mrs. John R. Wood, 2427 Maryland Avenue, Roanoke, Virginia 24017 Avenue, N. W. , N. W. , Roanoke, Avenue, N. W., We , N. W., Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Corr~nission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Witburn C. Dibling, Jr., City Attorney Mr. Steven Jo Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals ~r. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator ~.lr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation NUMBER - 12516950 PUbLISMCR'S ~EE - $$2.02 CiTY OF ROANOKE C/O MARY F PARKER CLIY CLERKS uFFICE RO~M ~5o MUNICIPAL dLDG STATE OF ¥iRGINiA CIIY OF ROANOKm ~FFIOAVIT OF PUBLICATION 1, (THc UNDERSIGNED} AN AUTHORIZED REPRESENTATIve OF THE TINES-~ORLD COR- PORATION~ wHICH CORPORAIION 1S PU6LISmEK ~F THE ROANOKE TIMES ~ ~CRLD-NE~S~ A OAILY NE~SPAPE~ PUBLISHEO IN ROANOKE~ iN THE STATE OF ViRGINiA, DC CERTIFY TMAI THE ANNEXED NOTICE ~AS PUbLiSHED IN SAID NEWSPAPERS GN TME FOLLOmiNG DATES 01/27/~ MORNING 02/03/8~ MORNING ~ITNESS, THIS OTH DAY OF FEBRUARY 1989 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of will hold a Public Hearing on Monday, 7:30 p.m., in the Council Chamber in the 215 Church Avenue, S. W., in the said city, the City of Roanoke February 13, 1989, at Municipal Building, on the question of rezoning from RS-3, Residential Single-Family, Medium Density District, to RM-1, Residential Multi-Family, Low Density District, the following property: A tract of land lying at 2416 Clifton Avenue, N. W., Lot 36, Block 2, Map of Villa Heights, bearing Official Tax No. 2430806. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citizens m~y appear on the above date and be heard on the question. GIVEN under my hand this 25th day of January , 1989. Mary F. Parker, Please publish in full twice, once on Friday, January 27, 1989, and once on Friday, February 3, 1989, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 City Clerk Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24017 Office of the City Clerk November 16, 1988 ,~r. Michael M. Waldvoge~ Chairman City Planning Commission Roanoke, Virginia ~r. Watdvoget: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enciosing copy of a petition from ~4r. Dana A. Walker, requesting that a tract of land located at 2416 Clifton Avenue, N. W., described as Lot 36, Block 2, ~ap of Viiia Heights, identified as Official Tax No. 2430806, be rezoned from RS-3, Residential Single Family, Medium Density District, to R~4-1, ~esidential ~u~ti-Famity, Low Density District, subject to certain conditions proferred by the peti- tioner. MFP: ra Eric. pc: Sincerely, Mary F. Parker, CMC City Cterk Mr. Dana A. Walker, P. O. Box 4467, Roanoke, Virginia Mr. John R. Martles, Agent/Secretary, City Planning Commission Mr. RonaId Ho Mitier, Zoning Administrator Ms. Catherine riowe Jones, Assistant City Attorney 24015 Room 456 Municipal Builc~ing 215 Onurch Avenue S W Rcx~noke X4rg,nia 24~11 (703) 981-2541 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRG~ ~ ' ~ PERTAINING TO THE REZONING OF: '88 ~i~ 2~ ~.~2 Request from Dana A. Walker to rezone a parcel of land ) located at 2416 Clifton Avenue, N.W., official Tax No. )AFFIDAVIT 2430806, from RS-3 to RM-1. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of December, 1988, notices of a public hearing to be held on the 4th day of January, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2430805 OWNER~ AGENT OR OCCUPANT Dennis L. Hardy Patricia L. Hardy ADDRESS 2420 Clifton Avenue Roanoke, VA 24017 2430807 Virginia Reeves 3135 Melrose Avenue Roanoke, VA 24017 2430430 2430431 3430432 James W. Ramesy Myrtle G. Ramsey Daniel M. White Ruth White Angress F. Scott Alice D. Scott 2419 Clifton Avenue Roanoke, VA 24017 3034 Lynwood Road, NW Roanoke, VA 24017 2411 Pennsylvania Ave. Roanoke, VA 24017 2430824 Margaret A. Turpin 2431 Maryland Avenue Roanoke, VA 24017 2430825 John R. Wood 2427 Maryland Avenue Evelyn R. Wood Roanoke, VA 24017 Martha Pace Fr~anklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 1988. Notary Public My Commission Expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST ~: ~ Request from Dana A. Walker to rezone a parcel of land located ) at 2416 Clifton Avenue, N.W., Official Tax No. 2430806, from ) RS-3, Residential Single Family District, to RM-1, Residential )AFFI- Multi-Family, Low Density District, such rezoning to be subject)DAVIT to certain conditions proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 28th day of November, 1988 , notices of a public hearing to be held on the 7th day of December, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2430805 OWNER, AGENT OR OCCUPANT Dennis L. Hardy Patricia L. Hardy ADDRESS 2420 Clifton Avenue, NW Roanoke, VA 24017 2430807 Virginia Reeves 3135 Melrose Avenue, NW Roanoke, VA 24017 2430430 2430431 2430432 2430824 James W. Ramsey Myrtle G. Ramsey Daniel M. White Ruth White Angress F. Scott Alice D. Scott Margaret A. Turpin 2419 Clifton Avenue, NW Roanoke, VA 24017 3034 Lynwood Road, NW Roanoke, VA 24017 2411 Pennsylvania Avenue Roanoke, VA 24017 2431 Maryland Avenue, NW Roanoke, VA 24017 2430825 John R. Wood Evelyn R. Wood 2427 Maryland Avenue, NW Roanoke, VA 24017 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 28th day of November, 1988. My Commission Expires: Notary Publq'c C~ce of ~he Ci~' Cle~ February 22, 1989 File #51 Ms. Crystal L. Custer Route 1, Box 36 Hardy, Virginia 24101 Dear Ms. Custer: I am enclosing copy of Ordinance No. 29455, rezoning a tract of land located at 2920 Sweetbriar Avenue, S. W., described as Lots 4 6, respectively, C. F. Kefauver Map, Official Tax Nos. 1651004 - 1651006, respectively, from RS-3, Residential Single Family, Medium Density District, to C-1, Office District, which Ordinance No. 29455 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincere ly, ~ Mary F. Parker, CMC City Clerk MFP: sw Enc. pc: Mr. & Mrs. Harold LeGrande, 3245 Oakdale Road, S. W., Roanoke, Virginia 24018 Brambleton Avenue Associates, c/o The Coffee Pot, 2902 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Mr. & Mrs. William G. Gray, 5208 Archer Drive, S. W., Roanoke, Virginia 24014 Ms. Evangeline Frances Burton, 2906 Sweetbrier Avenue, S. W., Roanoke, Virginia 24015 Room 456 Municil;~al Building 215 Church Avenue SW Roanc~e. V~rg,nia 24/)11 (703) 981-2544 Ms. Crystal L. Custer Page 2 February 22, 1989 pe~ Mr. & Mrs. Tipper Kelley, 2927 Hollowell Avenue, S. W., Roanoke, Virginia 24015 Ms. Patricia G. Fox, 2923 Hollowell Avenue, S. W., Roanoke, Virginia 24015 Mr. & Mrs. Thomas Perdue, 5710 Roselawn Road, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Paul Childress, 2916 Hollowell Avenue, S. W., Roanoke, Virginia 24015 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Corr~lission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Cor~issioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Corr~nission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29455. AN ORDINANCE to amend J36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single-Family, Medium Density District, to C-l, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by J36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on February 13, 1989, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 165 of the Sectional 1976 Zone ~ap, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land located at 2920 Sweetbriar Avenue, S. W., designated on Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1651004, 1651005 and 1651006 be, and is hereby rezoned from RS-3, Residential Single-Family, Medium Density District, to C-l, Office District, subject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on December 12, 1988, and that Sheet No. 165 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission February 13, 1989 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Crystal L. Custer that a tract of land located at 2920 Sweetbriar Avenue, S.W., being Lots 4-6, respectively, C. F. Kefauver Map, identified as Official Tax Nos. 1651004-1651006, respectively, be rezoned from RS-3, Residential Single Family, Medium Density District to C-l, Office District,'such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: ae Purpose of the rezoning is to permit those uses allowed in the C-1 zone, more particularly, medical or professional office use. Petition was filed on December 12, 1988. Conditions proffered by the petitioner are as follows: Use limitations. The rezoned property shall be used primarily for professional and business services as well as trade, business and financial institutions, medical clinics, medical offices, and other uses permitted in the C-1 district, Sec. 36.1-85 of the City of Roanoke zoning ordinance. Concept Site Plans. The rezoned property, if developed, shall be developed in conformance with the attached concept site plan (Exhibit C) prepared by Sheffler and Associates, Room 355 Municipal Building 215 Churd~ Avenue, SW R~x~noke, Virginia 2401 t (703) 981-2344 Roanoke City Council Page 2 February 13, 1989 dated December 5, 1988, subject only to such modifications as may be required by the City of Roanoke as a result of the site plan review process of the City. Landscaping, screening, and buffers. The rezoned property shall be landscaped in accordance with the attached concept site plan prepared by Sheffler and Associates, dated December 5, 1988. All plantings shall be planted prior to the issuance of a certificate of occupancy for the structure to be erected on the rezoned property. Plant selection and final number, location, and species subject to approved landscape plans by the City of Roanoke review process. A buffer area between the residential adjoining properties on the westerly, southerly, and easterly boundaries of the property shall be maintained and replaced as necessary. Physical improvements. Only one sign, no larger than 15 square feet shall be erected on the rezoned property. Off-street parking for 20 spaces shall be provided to meet the intent of the parking regulations, to insure that existing vegetation is preserved and Site limitations are addressed. Spaces shall meet the needs of the employees, visitors, clients and patrons. (16 spaces are required by ordinance.) Reversion. If no building permit has been issued and no construction commenced within three (3) years from the date of final rezoning approval, the zoning shall revert to RS-3 single family district without further action by City Council. Staff has advised the petitioner that several of the proffers are in fact direct references to the ordinance. The petitioner desired to include those ordinance references in order to address residence concerns for quality development. Roanoke City Council Page 3 February 13, 1989 Planning Commission public hearing was held on Wednesday, January 4, 1989. Mr. Bob Sheffler, landscape architect, appeared before the Commission on behalf of Mrs. Custer. He presented the proffered conceptual site plan and noted the fact the site layout was designed to preserve and enhance the existing mature vegetation. He further stated that mixed land use surrounding the parcel made the C-1 uses a good transition. Staff felt the request was reasonable and appropriate and therefore recommended approval. Il. Issues: Zoning is presently RS-3. The adjoining zoning to the west, across Sweetbriar Avenue, S.W., is C-2. To the south of the subject parcel the existing zoning is RM-2. RS-3 zoning exists to the north and east of the subject parcel. Land use is presently residential. Mixed uses surround the site. To the west across Sweetbriar Avenue, S.W., the use is commercial. To the south the use is multi-family. Single family uses occur to the north and east. C. Utilities are available. Traffic impact would be minimal and could be handled by existing streets. However, there is a petition currently being circulated by the residents of Wright Road in an effort to reduce traffic in the adjoining neighborhood. To date no petition has been officially submitted for action. Also, the proposed rezoning request has no direct or immediate access onto Wright Road. Neighborhood is a mixture of single and multi-family residential and commercial uses. It is characterized by rolling topography and mature vegetation. There is no neighborhood organization. Roanoke City Council Page 4 February 13, 1989 F. Comprehensive plan recommends that: Development of new commercial areas shall be carefully planned and designed to promote quality development and good land use. Neighborhoods be protected from encroachment of incompatible use through appropriate land use decisions and design and buffering requirements. III. Alternatives: A. City Council approve the rezoning request. 1. Zoning changes from RS-3 to C-1. Land use would be commercial. The proposed use would provide transition from intense commercial and multi- family uses. Through careful site design, the proposed C-1 use will preserve existing vegetation and provide a buffer for the existing single family uses. 3. Utilities are available. Traffic and access could be accommodated. Neighborhood impact would be minimal. The large trees on the site would be preserved and the existing changes in elevation would be utilized to buffer the proposed development. 6. Comprehensive Plan would be followed. a) Neighborhood character would be protected. b) New commercial development would be encouraged that is well designed and compatible to existing neighborhood. B. City Council deny the rezoning request. 1. Zoning remains RS-3. 2. Land use is unchanged. Roanoke City Council Page 5 February 13, 1989 3. Utilities are unaffected. 4. Traffic is unaffected. 5. Neighborhood is unaffected. 6. Comprehensive Plan could be followed. IV. Recommendation: By a vote of 5-0 (Messrs. Price and Bradshaw absent), the Commission recommended approval of the rezoning request. The petitioner has demonstrated a desire to insure a minimal impact on the neighborhood by preserving the existing vegetation, providing extra buffering and by siting the building in such a manner as to utilize the changes in elevation across the site to further buffer the building from the single family neighborhood. Given the land use and zoning patterns along Sweetbriar Avenue, S.W., and the adjoining patterns along Brambleton Avenue, S.W., the proposed use of the property is reasonable. Respectfully submitted Michael M. Waldvogel, Chairman~ Roanoke City Planning Commission JRM:JTT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner IN RE: C;TY :: -:-'' :' ' IN THE COUNCIL OF THE CITY'~F I~IOANE)KE~ ~(R(~INtA Rezoning of a tract of land located at 2920 ) Sweetbriar Avenue, S.W., Roanoke, Virginia ) PETITION 24018 being lots 4, 5, and 6 - C.F. Kefaufer Map -) TO Tax Nos. 1651004, 1651005, and 1651006, from ) REZONE RS-3 to C-1 subject to proffered conditions. ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Crystal L. Custer, owns land containing 0.54+ acres, located at 2920 Sweetbriar Avenue, S.W., Roanoke, Virginia. All Lots 4, 5, and 6 - C.E Kefaufer Map - Tax Nos. 1651004, 1651005, and 1651006. Said tract is currently zoned RS-3 (single family district). A map of the property to be rezoned is attached as Exhibit 'A'. This map also indicates adjoining zoning westerly across Sweetbriar is C-2 (general commercial district), southerly is RM-2 (residential multifamily, medium density district), and to the north and east is RS-3 (single family district). Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from RS-3 (single family district) to C-1 (office district) for the purposes permitted in the C-1 zone. This request constitutes a transition district intended to preserve the existing residential character of the neighborhood and the viability of allowing limited commercial uses in appropriate existing or new structures. The user may include professional and business services. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow a gradual transition for high quality of professional and business services without creating spot zoning. The Petitioner hereby proffers and agrees that, if the said tract is rezoned as requested, the rezoning will be subject to and the Petitioner will abide by the following conditions: 1. The rezoned property shall be used primarily for professional and business services as well as trade, business and financial institutions, medical clinics, medical offices, and other uses permitted in the C-1 district, Sec. 36.1-85 of the City of Roanoke Zoning ordinance. 2. The rezoned property, if developed shall be developed in conformance with the attached concept site plan (~ prepared by Sheffler and Associates, dated December 5, 1988, subject only to such modifications as may be required by the City of Roanoke as a result of the site plan review process of the City. 3. Landscai3ina. screenino, and buffers: The rezoned property shall be landscaped in accordance with the attached concept site plan prepared by Sheffler and Associates, dated December 5. 1988. All plantings shall be planted prior to the issuance of a certificate of occupancy for the structure to be erected on the rezoned property. Plant selection and final number, location, and species subject to approved landscape plans by the City of Roanoke review process. A buffer area between the residential adjoining properties on the westerly, southerly, and easterly boundaries of the property shall be maintained and replaced as necessary. Physical Imorovements; 1.0_~, no larger than fifteen square feet, shall be erected on the rezoned property. Off-street parking for 20 spaces shall be provided to meet the intent of the parking regulations, to insure that existing vegetation is preserved and site limitations are addressed. Spaces shall meet the needs of the employees, visitors, clients, and patrons. Reversion; If no building permit has been issued and no construction commenced within three (3) years from the date of final rezoning approval, the zoning shall 3 single family district without further action by City Council. revert to RS- Attached as ~ are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the subject property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 5th day of December, 1988. Enclosures OwCr Crystal L. Custer Rt. 1, Box 36 Hardy, Virginia 24101 7O3 890-3929 #88o14 AD,JOINING PROPERTY OWNER LIST OFFICIAL TAX NUMBER 1650701 1650702 1651001 1651007 1651017 1651018 1651019 EXHIBIT 'B' 1651020 OWNER'S NAME AND MAILING ADDRESS Harold E. & Frances El. Lagrande 3245 Oakdale Road, S.W. Roanoke, Virginia 24018 Brambleton Avenue Associates c/o Coffee Pot 2902 Brambleton Avenue, S.W. Roanoke, Virginia 24015 William G. & Emily A. Gray 5208 Archer Drive, S.W. Roanoke, Virginia 24014 Evangeline-Frances Burton 2906 Sweetbrier Avenue, S.W. Roanoke, Virginia 24015 Tipper & Ada M. Kelly 2927 Hollowell Avenue, S.W. Roanoke, Virginia 24015 Patricia G. Fox 190 First Union Mortgage Corp. Attn: Tax Department R O, Box 18109 Raleigh, North Carolina Thomas Algie Perdue & Ellen Foster 5710 Roselawn Road, S.W. Roanoke, Virginia 24018 Paul J. & Claudine B. Childress 2915 Hollowell Road, S.W. Roanoke, Virginia 24015 LOCATION ~T  7 ]3 ' IZ AVE. ROI)OS1.1). IILZONING .... -' Office of the City January 26, 1989 File #51 Ms. Crystal L. Custer Route 1, Box 36 Hardy, Virginia 24101 Dear Ms. Custer: I am enclosing copy of a report of the City Planning Cor~ission recorr~nending that the Council of the City of Roanoke grant your request to rezone a tract of land located at 2920 Sweetbriar Avenue, S. W., being Lots 4 6, respectively, C. F. Kefauver Map, identified as Official Tax Nos. 1651004 1651006, respec- tively, from RS-3, Residential Single Family, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Pursuant City of 1981, a for Mond~ Chamber, Avenue, For your public hi notice ar (The Ord Please r contact 981-2431 report Corr~unit' MFP:ra PUBLIC31 Eno. to Resolution No. 25523 adopted by the Council of the Roanoke at a regular meeting held on Monday, April 6, )ublic hearing on the abovedescribed reouest has been set ly, February 13, 1989, at 7:30 p.m., in the City Council fourth floor of the Municipal Building, 215 Church .Wo information, I am also enclosing copy of a notice of the aring and an Ordinance providing for the rezoning, which d Ordinance were prepared by the City Attorney's Office. !nance will be forwarded to you under separate cover). ~view the Ordinance and if you have questions, you may Mr. Steven J. Talevi, Assistant City Attorney, at Questions with regard to the City Planning Corr~ission hould be directed to Mr. John R. Marlles, Chief of Planning, at 981-2344. Sincerely, /'~ Mary F. Parker, CMC City Clerk Roo~n 45¢, Municipal Bullcling 215 Church Avenue, S W Roonoke. Virginia 2401 t (703) 981-2541 ~s. Crystal L. Custer January 26, 1989 Page 2 pc: Mr. & Mrs. Harold LeGrande, 3245 Oakdale Road, S. W., Roanoke, Virginia 24018 Brambleton Avenue Associates, c/o Coffee Pot, 2902 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Mr. & Mrs. William G. Gray, 5208 Archer Drive, S. W., Roanoke, Virginia 24014 Ms. Evangeline Frances Burton, 2906 Sweetbrier Avenue, S. W., Roanoke, Virginia 24015 Mr. & Mrs. Tipper Kelley, 2927 Hollowell Avenue, S. W., Roanoke, Virginia 24015 iis. Patricia G. Fox, 2923 Hollowell Avenue, S. W., Roanoke, Virginia 24015 Mr. & Mrs. Thomas Perdue, 5710 Roselawn Road, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Paul Childress, 2916 Hollowell Avenue, S. W., Roanoke, Virginia 24015 ~ir. Wayne G. Strickland, Executive Director, Fifth Planning District Comtnission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn Co Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Cowmissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Corr~ission Ms. Doris Layne, Office of Real Estate Valuation RiD NUMmER - 12514~87 PUgLISHtR'S FEE CiTY GF ROANOKE C/O MARY F PARK:R CITY CLERKS OFFICE ROOM ~5o MUNICIPAL uhOG ROANuK~ VA Z~Oll STATE GF VIRGINIA CiIY CF ROANOKE AFFIDAVIT OF PU~LICATICN 1, (Th~ UNOcRSIGNeD) AN AUTHORIZEO R~PRESENTATIYE OF THE TIMES-~GRLO PORATION~ .HICH COAPOAAIlUN IS PUbLiSHeR GF ThE ROANOKe TIMES g ~CALD-NEwS, A DAILY NEHSPAP~R PUBLISHED IN ROANOKE~ IN TNt STATe UF VIRGINIA, DC CERTIFY )HAT THE ANNEXED NOTICE mAS PU~LISHmU IN S~iU NEWSPAPERS CN T~E ~OLLO~ING DATES 01/27/~9 MORNING 02/03/0g MORNING NiTNESS, THIS ~Tr~ L)NY OF FEBRUARY 1939 AU[Md'RIZED SIGNATURf NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, February 13, 1989, at 7:30 p.m., in the Council Chamber iu the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RS-3, Residential Single-Family, Medium Density District, to C-i, Office District, the following property: A tract of land located at 2920 Sweetbriar Avenue, S. W., bearing Official Tax Nos. 1651004, 1651005 and 1651006. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 25th day of January 1989 Mary F. Parker, Please publish in full twice, once on Friday, danuary 27, 1989, and once on Friday, February 3, 1989, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 tO: City Clerk Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 I I / / ~ u Office of the December 13, 19~8 Mr. ~4ichael M. Waldvogel Chairman City Planning Co~ission Roanoke, Virginia Dear Mr. WaldvogeI: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Ms. Crystal L. Custer, requesting that a tract of land located at 2920 Sweetbriar Avenue, S. Wa, being Lots 4 - 6, respectively, C. F. Kefauver ~iap, identified as Official Tax Nos. 1651004 - 1651006, respectively, be rezoned from RS-3, Residential Single Family, ~iedium Density District, to C-I, Office District, subject to certain conditions proffered by the petitioner. Sincerely, ~iary F. Parker, CMC City Clerk MFP:ra Enc. pc: Ms. Crystal L. Custer, Route 1, Box 36, Hardy, 24101 Mr. John R. Marltes, Agent/Secretary, City P~anning Commission Mr. Ronatd Ho ~iiler, Zoning Administrator Ms. Katherine Howe Jones, Assistant City Attorney Virginia Room456 MunicipalBuilding 215 C~urch Avenue SW Roanoke V~rg~nia24011 (703) 981-254t Crystal L. Custer Rt. 1, Box 36 Hardy, Virginia 24101 703 890-3929 December 5, 1988 Mr. Tom Tasselli Office of Community Planning City of Roanoke, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Rezoning Petition ~ Crystal Custer, 2920 Sweetbrier Avenue, S.W. All of Lots 4, 5, and 6 - C. F. Kefauver Map - Tax Nos. 1651004, 1651005, and 1651006 Dear Mr. Tasselli: Thank you for meeting with me concerning the above rezoning petition. I am enclosing herewith two copies of the petition, together with our check payable to the City of Roanoke in the amount of $ -Z, i©.O0. Please let me know if you have any questions. I understand that, if these meet with your approval, you will forward them to the City Clerk for filing and that the City Clerk will then notify me regarding the time for the first public hearing. I will greatly appreciate your calling me if there is any problem which might cause any delay. Many thanks for your assistance. Sincerely yours, Cry$(al Custer CC/dr Enclosures &\ b o t,oS*~ I 80~,05~ ,°s° 000 #88014 ADJOINING OFFICIAL TAX NUMBER 1650701 1650702 1651001 1651007 1651017 1651018 1651019 1651020 PROPERTY OWNER LIST EXHIBIT 'B' OWNER'S NAME 'AND MAILING ADDRESS Harold E. & Frances B. Lagrande 3245 Oakdale Road, S.W. Roanoke, Virginia 24018 Brambleton Avenue Associates c/o Coffee Pot 2902 Brambleton Avenue, S.W. Roanoke, Virginia 24015 William G. & Emily A. Gray 5208 Archer Drive, S.W. Roanoke, Virginia 24014 Evangeline-Frances Burton 2906 Sweetbrier Avenue, S.W. Roanoke, Virginia 24015 Tipper & Ada M. Kelly 2927 Hollowell Avenue, S.W. Roanoke, Virginia 24015 Patricia G. Fox 190 First Union Mortgage Corp. Attn: Tax Department R O. Box 18109 Raleigh, North Carolina Thomas Algie Perdue & Ellen Foster 5710 Roselawn Road, S.W. Roanoke, Virginia 24018 Paul J. & Claudine B. Childress 2915 Hollowell Road, S.W. Roanoke, Virginia 24015 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGI~I ~I ~'~" ! (~s3~n{ PERTAINING TO THE REZONING OF: ~8 ~i} 2a asia3 Request from Crystal L. Custer that property property ) located at 2920 Sweetbriar Avenue, S.W., designated as)AFFIDAVIT official tax nos. 1651004, 1651005 and 1651006, be ) rezoned from RS-3 to C-1. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of December, 1988, notices of a public hearing to be held on the 4th day of January, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 1650701 1650702 1651001 1651007 1651017 1651018 1651019 1651020 OWNERr AGENT OR OCCUPANT Harold & Frances LeGrande Brambleton Avenue Associates c/o Coffee Pot William G. and Emily A. Gray Evangeline-Frances Burton Tipper and Ada Kelley Patricia G. Fox Thomas and Ellen Perdue Paul and Claudine Childress ADDRESS 3245 Oakdale Road, SW Roanoke, VA 24018 2902 Brambleton Avenue Roanoke, VA 24015 5208 Archer Drive, SW Roanoke VA 24014 2906 Sweetbrier Avenue Roanoke, VA 24015 2927 Hollowell Avenue Roanoke, VA 24015 2923 Hollowell Avenue Roanoke, VA 24015 5710 Roselawn Road, SW Roanoke, VA 24018 2916 Hollowell Avenue Roanoke, VA 24015 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 1988. Notary Public My Commission Expires: Office of nhe City Cle,~ February 22, 1989 File #51 Mr. James E. Lyle, Jr. P. 0. Box 176 Roanoke, Virginia 24002 Dear Mr. Lyle: I am enclosing copy of Ordinance No. 29456, rezoning a tract of land lying to the north of Wise Avenue, S. E., at the intersec- tion of 18th Street, being the rear portions of two lots in Block 36 and a strip of land between Lots 35 and 36, McDonald Addition, more particularly described as Official Tax Nos. 4210235, 4210237 and 4210238, from RM-1, Residential Multi-Family, Low Density District, to LM, Light Hanufacturing District, which Ordinance No. 29456 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP: sw Enc· pc: Mr. C. H. Elswick, Jr., 6341Pinetree Lane, N. E. Roanoke, Virginia 24019 , Mr. William p. Johnson, P. 0. Box 236, Vinton, Virginia 24179 Mr. & Mrs. James H. Elkins, 1734 Wise Avenue, S. E. Roanoke, Virginia 24013 ' Mr. Fujie OUesenberry, 1736 Wise Avenue S.E. Roanoke Virginia 24013 ' ' , Room 456 Municipal B~ilcling 215 C~urch Avenue S.W ~*4[x]lnc~, Virginia 24011 (703) 981-2541 Mr. James E. Lyle, February 22, 1989 Page 2 Jr. pc: Mr. & Mrs. Cleveland Gordon, 1738 Wise Avenue, S. E. Roanoke, Virginia 24013 ' Mr. & Mrs. Howard Duvall, 107 - 18th Street S. E., Roanoke, Virginia 24013 ' Ms. Harriett B. Wetzel, 1817 Wise Avenue, S. E. Roanoke, Virginia 24013 ' Mr. & Mrs. Marvin Andrews, 3212 Pineland Road, S. W. Roanoke, Virginia 24018 ' Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Corr~ission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven Jo Talevi, Assistant City Attorney Mr. Von Wo Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Corr~ission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF T~{E CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29456. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 421, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEHEAS, application has been made to the Council of the City of Hoanoke to have the hereinafter described property rezoned from RM-1, Residential Multi-Family, Low Density Dietrict, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on February 13, 1989, after due and timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that $3S.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 421 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land lying north of Wise Avenue, S. E., at the intersection of 18th Street, S. E., being the rear por- tions of two lots in Block 36 and a strip between Lots 35 and 36, McDonald Addition, designated on Sheet No. 421 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4210235, 4210237 and 4210238 be, and is hereby rezoned from RM-1, Residential Multi-Family, Low Density District, to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on January 13, 1989, and that Sheet No. 421 of the Zone Map be changed in this respect. ATTEST: City Clerk. Office of Community Planning February 13, 1989 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Jaraes C. Lyle, Jr., that a tract of land lying to the north of Wise Avenue, S.E., at the intersection of 18th Street, being the rear portions of two lots in Block 36 and a strip of land between blocks 35 and 36, more particularly described as Official tax nos. 4210235, 4210237 and 4210238, be rezoned from RM-1 to LM, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: ae Purpose of the rezoning is to permit development of a general services establishment primarily engaged in the repair or maintenance of goods or items including automobiles, trucks, construction equipment and the provision of business services, provided all repair and maintenance activities are wholly enclosed in a building of not less than 20,000 square feet in area. Upon approval of the rezoning, the petitioner will request that a variance from this 20,000 square foot area requirement be granted to allow a 5,000 square foot structure due to topographical limitations. Be Petition was filed on December 14, 1988. Amended petition was filed on January 10, 1989. Conditions proffered by the petitioner are as follows: Room 355 Municipa~ Building 215 Church Avenue, SW. Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 February 13, 1989 Concept site plans. The rezoned property, if developed, shall be developed in conformance with the attached concept site plan prepared by Sheffler and Associates, dated November 30, 1988, subject only to such modifications as may be required by the City of Roanoke as a result of the site plan review process of the City; provided, however, there shall be no modification made to the following as shown on the concept site plan, e.g., location of entrance access road. Landscaping, screening and buffers. The rezoned property shall be landscaped in accordance with the attached concept plan prepared by Sheffler and Associates, dated November 30, 1988. All plantings shall be planted prior to the issuance of a certificate of occupancy for the structure to be erected on the rezoned property. Plant selection and final number, location and species subject to approved landscape plans by the City of Roanoke review process. Permitted uses: General service establishments primarily engaged in the repair or maintenance of goods or items including automobiles, trucks, construction equipment and provisions of business services provided all repair and maintenance activities are wholly enclosed in a building. Planning Commission public hearing was held on January 4, 1989. Mr. Bob Sheffler, landscape architect, appeared before the Commission on behalf of Mr. Lyle. Mr. Sheffler said that the rear portion of the property was already zoned LM and was adjacent to the LM property which was also owned by Mr. Lyle. Mr. Sheffler noted that because of the existing vegetation and a considerable change in elevation, the proposed building would be physically and visually removed from the adjoining residential uses. Ms. Margaret Newman (18th Street, SE) appeared before the Commission and stated she was concerned about an increase in large truck traffic along Wise Avenue. Roanoke City Council Page 3 February 13, 1989 II. Mr. Marlles said that it was staff's feeling that there would be minimal impact on traffic in the area because the use was not seen as a major traffic generator Staff recommende~ approval of the rez~ning with the use being proffered and noting the special circumstances surrounding the entrance and building location and significant buffer that is being provided by elevation and vegetation. Issues: Zoning is presently a mix of RM-1, Residential Multi-Family, Low Density District, and LM, Light Manufacturing. The northern portion of the subject property is currently zoned LM. The adjoining properties to the north and east are zoned LM. The properties to the south and west are zoned RM-1. Land use is presently undeveloped. To the north and east the land use is undeveloped light manufacturing. To the south and west exist a mix of single family residential and multi-family residential (duplex) use. Utilities are available. Traffic impact is expected to be minimal. Only 40 trips per day are expected to be generated. Neighborhood is a mixture of vacant lands, single family and duplex structures and small commercial and manufacturing operations. The subject property is located within the boundaries of the Southeast Action Forum, Inc., neighborhood organization. Mr. Lantz, president, has been notified in writing of the proposed rezoning and as of this writing has not responded to the request. The petitioner was advised to seek the opinion of the neighborhood organization. Comprehensive Plan encourages the development of appropriate industrial sites. The plan also calls for the coordination of development to be compatible and to minimize conflicts. Roanoke City Council Page 4 February 13, 1989 III. Alternatives: ~ity Council approve the rezoning request. 1. Zoning changes from RM-1 to LM. Given the "buildable" area of the site and the proximity to existing LM properties, the request is reasonable. 2. Land use becomes manufacturing. Due to the proposed location of the building relative to the residential uses fronting Wise Avenue, S.E., and 18th Street, S.E., the visual impact would be minimal. Utilities would be unaffected. Traffic and access could be accommodated. Neighborhood impact would be minimal. Buffering exceeding the requirements of the City is being proposed along the property line adjoining the existing residential zoning. Furthermore, due to elevation changes on the site, the existing topography aids in screening and separating the site from the neighborhood. Development will ultimately improve the appearance of the currently undeveloped parcel. City 1. 2. 3. ~omprehensive Plan would be followed. Council deny the rezoning request. Zoning remain unchanged. Land use is unaffected. Utilities are unaffected. 4. Traffic is unaffected. IV. 5. Neighborhood is unaffected. 6. Comprehensive Plan could be followed. Recommendation: By a vote of 5-0 (Messrs. Bradshaw and Price absent), the Planning Commission recommended Roanoke City Council Page 5 February 13, 1989 approval of the rezoning. Given the site's unique topography, and the fact that the topography, combined with the existing vegetation, proposed building location, and proposed buffering on the site, contribute to minimizing the impact on the neighborhood. The proposed rezoning is reasonable. Respectfully submitted · ~ Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:JTT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner ProJ. 88013 Date: January 10, 1989 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying northerly of Wise Avenue at the intersection of Eighteenth (]Sth) Street, Roanoke, Virginia being the rear portions of two lots in Block 36 and a strip between Blocks 35 and 36 McDonald Addition and con- sisting of official tax map numbers 4210238, ~21023§, and 4210237, from RM-1 (residential multtfamtly, low density district) to LM (light manu- facturing district) TO THE HONORABLE MAYOR AND MEMBERS ROANOKE: The Petitioner, James E. Lyle, Roanoke containing Wise Avenue at the the rear portions between Blocks 35 official tax map numbers tract is currently zoned density). A map of the Exhibit 'A'. This .map (light manufacturing) on and easterly sides. The northerly parcels is also currently Pursuant to Article City of Roanoke (1979), as the ) ) AMENDED ) ) PETITION ) ) TO ) ) REZONE ) ) ) ) OF THE COUNCIL OF THE CITY OF Jr., owns land in the City of 1.08 acres, more or less, located northerly of intersection of Eighteenth (18th) Street being of two lots in Block 36 and a strip of land & 36 McDonald Addition and consisting of q210238, 4210235, and q210237. Said RM-1 (~esidential multifamily, low said property be property to be rezoned is attached as also indicates adjoining existing LM two sides of this tract, the northerly portion of the said three zoned LM (light manufacturing). VII of Chapter 36.1-690, Code of the amended, the petitioner requests that rezoned from RM-1 (resident multifamlly, low density district) to LH (light manufacturing district), for purposed permitted in the LH zone. Specifically, petitioner proposes to develop under the general services establishments section of this ordinance, a use primarily engaged in the repair or maintenance of goods or items including automobiles, trucks, construction equipment and the provision of business services, provided all repair and maintenance activities are wholly enclosed in a building and provided the gross floor area of such building is not less than twenty thousand (20,000) square feet in area. Upon approval of the rezoning, the petitioner will request that a variance from this twenty thousand (20,000) square feet area requirement be granted to allow a five thousand (5,000) square feet structure due to topographical limitations. This request constitutes an extension of existing LM zoning from property adjoining on the northerly and easterly sides. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will round out existing LM zoning without creating spot zoning. The Petitioner hereby proffers and agrees that, if the said tract is rezoned as requested, the rezoning will be subject to and the Petitioner will abide by the following conditions: 1. Concent Site Plans: The rezoned property, if developed shall be developed in conformance with the attached concept site plan (Exhibit 'C') prepared by Sheffler and Associates, dated November 1988, subject only to such modifications as may be required by the City of Roanoke as a result of the site plan review process of the City; provided, however, there shall be no modification made to the following as shown on the concept site plan, e.g., location of entrance access road. 2. Landscapin~. screening, and buffers: The rezoned property shall be landscaped in accordance with the attached concept site plan prepared by Sheffler and Associates, dated November 30, 1988. Ail plantings shall be planted prior to the issuance of a certificate of occupancy for the structure to be erected on the rezoned property. Plant selection and final number, location, and species subject to approved landscape plans by the City of Roanoke review process. General service establishments primarily engaged in repair or maintenance of goods or items including automobiles, trucks, construction equipment and provisions of business services provided all repair and maintenance activities are wholly enclosed in a building. A buffer area between the residential adjoining properties on the westerly boundary of the property shall be maintained and replaced as necessary. Attached as ~ are the names, addresses, and tax numbers ct' the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the subject property to be rezoned. WHEREFORE, the Petitioner tract be rezoned as requested of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this !~ day of --__. requests that the above-described in accordance with the provisions James E. Lyle, Jr. P. O. Box 176 Roanoke, Virginia 2#002 Enclosures CATION VINTON .~ /,Z Office of the Ci~ Cler~ January 26, 1989 File #51 Mr. James E. Lyle, Jr. P. O. Box 176 Roanoke, Virginia 24002 Dear Mr. Lyle: I am enclosing copy of a report of the City Planning Corr~nission recorrgnending that the Council of the City of Roanoke grant your request to rezone a tract of land lying to the north of Wise Avenue, S. E., at the intersection of 18th Street, being the rear portions of two lots in Block 36 and a strip of land between Blocks 35 and 36, McDonald Addition, more particularly described as Official Tax Nos. 4210235, 4210237 and 4210238, be rezoned ' from RM-I, Residential Multi-Family. Low Density District, to LM, Light Manufacturing District, subject to certain conditions prof- fered by the petitioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, February 13, 1989, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am aleo enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney'e Office. (The Ordinance will be forwarded to you under separate cover). Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Corr~aission R. Marlles, Chief of report should be directed to Mr. John Corr~nunity Planning, at 981-2344. Sincerely, /,~// ~ary F. Parker, CMC City Clerk MFP:ra PUBLIC30 Enco Room 456 Municipal Bu¢tdlng 2t5 Church Avenue SW Roanoke ~rg~nia 24~11 (703) 981-254.1 Mr. James E. Lyle, January 26, 1989 Page 2 Jr. pc: Mr. C. H. Elswick, Jr., 6341Pinetree Lane, N. E., Roanoke, Virginia 24019 Mr. William P. Johnson, P. 0. Box 236, Vinton, Virginia 24179 Mr. & Mrs. James H. Elkins, 1734 Wise Avenue, S. E., Roanoke, Virginia 24013 Mr. Fujie Quensenberry, 1736 Wise Avenue, S. E., Roanoke, Virginia 24013 Mr. & Mrs. Cleveland Gordon, 1738 Wise Avenue, S. E., Roanoke, Virginia 24013 Mr. & Mrs. Howard Duvalt, 107 - 18th Street, S. E., Roanoke, Virginia 24013 Mr. Harriett B. Wetzel, 1817 Wise Avenue, S. E., Roanoke, Virginia 24013 Mr. & Mrs. Marvin Andrews, 3212 Pineland Road, S. W., Roanoke, Virginia 24018 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Co~ission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Von W. Moody, 1II, Director of Real Estate Valuation Michael M. Waldvogel, Chairman, City Planning Corr~nission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Co~issioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Administrator Mr. John R. Corr~ission Ms. Doris Layne, ~ 0 ~,~UML~ER - 1251~b30~t PU~LISH~-R'S FEE - CITY OF ROANOKE C/O MARY F PARKER CItY CLERKS OFFICE ROOM ~50 MUNICIPAL STATE OF VIRL. INIA CITY DF ROANOKE AFFIDAVIT OF PUBLICATION It (THE UNDERSIGNED) AN AUTHORIZED KEPRESENTATIVE OF THE TIMES-,ORLD COR- PORATION9 WHICH CORPORATION iS PUBLISHEK OF THE ROANOKE TIMES & ,6RLO-NENS~ A DAILY NENSPAPEK PUbLiSHED IN ROANOKE9 IN THE STATe OF VIRGINIA, DO CERTIFY THMT THE ANNEAED NOTICE ,AS PUBLISHED iN SAID NEWSPAPERS ~N i'HE FOLLO,INb DATES OZ/27/~9 MORNING 02/03/~9 MDRNIN~ ~ITNIzSS, THIS oTH DAY OF FEBRUARY 1969 AUIMORIZED SIGNAIUR~- c~,'~,*~ A,,.,--, ~. w*d_"_"~_. NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, February 13, 1989, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RM-1, Residential Multi-Family District, to LM, Light Manufacturing District, the following pro- perty: A tract of land lying north of Wise Avenue, S.E., at the intersection of 18th Street, S. E., being the rear portions of two lots in Block 36 and a strip bet- ween Blocks 35 and 36 McDonald Addition and bearing Official Tax Nos. 4210238, 4210235 and 4210237. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 25th day of January , 1989 . Mary F. Parker, Please publish in full twice, once on Friday, January 27, 1989, and once on Friday, February 3, 1989, in the Roanoke Times and World News, Morning Edition. City Clerk Please send publlsherms affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of ¢ne Cite Clerk January 1~, 1989 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. James E. Lyle, Jr., requesting that a tract of land lying to the north of Wise Avenue, $. W., at the intersec- tion of Eighteenth Street, S. W., being the rear portions of two lots in Block 36 and a strip of land between Blocks 35 and 36, McDonald Addition, more particularly described as Official Tax Nos. 4210235, 4210237 and 4210238, be rezoned from RM-1, Residential Multi-Family, Low Density District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: ra EnCo pc: Mr. James E. Lyle, Jr., P. O. Box 176, Roanoke, Virginia 24002 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Ms. Katherine Howe Jones, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, SW Roanoke V~rg~nia 240t '~ (703) 98~-2541 Proj. 88013 James E. Lyle, Jr. P. O. Box 176 Roanoke, Virginia 24002 January 10, 1989 Mr. Tom Tasselli Office of Community Planning City of Roanoke Municipal Building 215 Church Ave., S.W. Roanoke, Virginia 24011 Re: Amended Rezoning Petition Dear Mr. Tassellt: The enclosed Amended Rezoning Petition is in response to the Planning Commission's request for an additional use proffer which has been included with this revised Rezoning Petition. We understand this only needs to be filed with the City Clerk prior to City Council action at their next public hearing. It is also our understanding no additional filing fees are required for this filing submission. Many thanks for your assistance. Sincerely yours, 'James E. Lyle~ Jr. Petitioner/Owner JEL/sh Enclosure ProJ. 88013 Date: January 10, 1989 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying ) northerly of Wise Avenue at the ) AMENDED intersection of Eighteenth (18th) ) Street, Roanoke, Virginia being the ) PETITION rear portions of two lots in Block ) 36 and a strip between Blocks 35 ) TO and 36 McDonald Addition and con- ) sisting of official tax map numbers ) REZONE 4210238, 4210235, and 4210237, from ) RM-1 (residential multifamily, low ) density district) to LM (light manu- ) faeturing district) ) TO THE HONORABLE MAYOR ROANOKE: AND MEMBERS OF THE COUNCIL OF THE CITY OF The Petitioner, James E. Roanoke containing 1.08 acres, Lyle, Jr., owns land in the City of more or less, located northerly of Wise Avenue at the intersection of Eighteenth (18th) Street being the rear portions of two lots in Block 36 and a strip of land between Blocks 35 & 36 McDonald Addition and consisting of official tax map numbers 4210238, 4210235, and 4210237. Said tract is currently zoned RM-1 (residential multifamily, low density). A map of the property to be rezoned is attached as Exhibit 'A'. This map also indicates adjoining existing LM (light manufacturing) on two sides of this tract, the northerly and easterly sides. The northerly portion of the said three parcels is also currently zoned LM (light manufacturing). Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from RM-1 (resident multifamily, low density district) to LM (light manufacturing district), for purposed permitted in the proposes to develop under section of this ordinance, a or maintenance of goods or construction equipment and provided all repair and LM zone. Specifically, petitioner the general services establishments use primarily engaged in the repair items including automobiles, trucks, the provision of business services, maintenance activities are wholly enclosed in a building and provided the gross floor area of such building is not less than twenty thousand (20,000) square feet in area. Upon approval of the rezoning, the petitioner will request that a variance from this twenty thousand (20,000) square feet area requirement be granted to allow a five thousand (5,000) square feet structure due to topographical limitations. This request constitutes an extension of existing LM zoning from property adjoining on the northerly and easterIy sides. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will round out existing LM zoning without creating spot zoning. The Petitioner hereby proffers and agrees that, if the said tract is rezoned as requested, the rezoning will be subject to and the Petitioner will abide by the following conditions: 1. Concept Site Plans: The rezoned property, if developed shall be developed in conformance with the attached concept site plan (Exhibit 'C') prepared by Sheffler and Associates, dated November 30, 1988, subject only to such modifications as may be required by the City of Roanoke as a result of the site plan review process of the City; provided, however, there shall be no modification made to the following as shown on the concept site plan, e.g., location of entrance access road. Landscaping, screening, and buffers: The rezoned property shall be landscaped in aceordance with the attached concept site plan prepared by Sheffler and Associates, dated November 30, 1988. All plantings shall be planted prior to the issuance of a certificate of occupancy for the structure to be erected on the rezoned property. Plant selection and final number, location, and species subject to approved landscape plans by the City of Roanoke review process. Permitted uses: General service establishments primarily engaged in repair or maintenance of goods or items including automobiles, trucks, construction equipment and provisions of business services provided all repair and maintenance activities are wholly enclosed in a building. A buffer area between the residential adjoining properties on the westerly boundary of the property shall be maintained and replaced as necessary. Attached as .Exhibit numbers of the owner immediately adjacent to from the subject property to be rezoned. 'B' are the names, addresses, and tax or owners of all lots or property or immediately across a street or road WHEREFORE, the tract be rezoned as of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this _~0~, day of Petitioner requests that the above-described requested in accordance with the provisions By: Owner James E. Lyle, Jr. P. O. Box 176 Roanoke, Virginia 24002 Enclosures Of'~ce of the City Cter~ December 20, 1988 ,~r. Michael M. WaldvogeI Chairman City Planning Commission Roanoke, Virginia Wa~dvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, [ am enclosing copy of a petition from Mr. ,Tames E. Lyre, Jr., 'equesting that a tract of ~and lying to the north of Wise Avenue, S. W., at the intersection of Eighteenth Street, S. W., being the rear portions of two lots in Block 36 and a strip of iand between B~ocks 35 and 36, ~cDonaid Addition, more particu~ariy described as Officia~ Tax Nos. 4210235, 4210237 and 4210238, be rezoned from RM-1, Residential Mu~ti-Famity, Low Density District, to LM, Light ~4anufacturing District, subject to certain conditions proffered by the peti- tioner. HFP:sw ~nc. pc: ~ incere ~y, i~ary Fo Parker, CMC City Cie,k Mr. James E. Lyte, Jr. P. O. Bo~ 176 Roanoke, Virginia 24002 ' , ~!r. John R. Martles, Agent/Secretary, Citv Pianning Commission Mr. Ronaid Ho ~Jilier, ~oning 4dministrator Ms. Katherine Howe Jones, Assistant Ciiy Attorney Room 456 Muniapa~ Building 2t5 C~urch Avenue SW Roanoke '~rg~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA '88 ;¥i'-9;;.,~:'- "'~,;~ IN RE: Rezoning of a tract of land lying northerly of Wise ) Avenue at the intersection of Eighteenth (18th) ) Street, Roanoke, Virginia, being the rear portions ) PETITION of two lots in Block 36 and a strip between Blocks ) TO 35 and 36 McDonald Addition and consisting of ) REZONE official tax map numbers 4210238, 4210235, and ) 4210237, from RM-1 (residential multifamily, Iow ) density district) to LM (light manufacturing ) district) ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, James E. Lyle, Jr., owns land in the City of Roanoke containing 1.08 acres, more or less, located northerly of Wise Avenue at the intersection of Eighteenth (18th) Street being the rear portions of two lots in Block 36 and a strip of land between Blocks 35 & 36 McDonald Addition and consisting of official tax map numbers 4210238, 4210235, and 4210237. Said tract is currently zoned RM-1 (residential multifamily, Iow density). A map of the property to be rezoned is attached as ~. This map also indicates adjoining existing LM (light manufacturing) on two sides of this tract, the northerly and easterly sides. The northerly portion of the said three parcels is also currently zoned LM (light manufacturing). Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from RM-1 (residential multi-family, Iow density district) to LM (light manufacturing district), for purposes permitted in the LM zone. Specifically, petitioner proposes to develop under the general services establishments section of this ordinance, a use primarily engaged in the repair or maintenance of goods or items including automobilas, trucks, construction equipment and the provision of business services, provided all repair and maintenance activities are wholly enclosed in a building and provided the gross floor area of such building is not less than twenty throusand (20,000) square feet in area. Upon approval of the rezoning, the petitioner will request that a variance from this twenty thousand (20,000) square foot area requirement be granted to allow a five thousand (5,000) square foot structure due to topographical limitations. This request constitutes an extension of existing LM zoning from property adjoining on the northerly and easterly sides. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will round out existing LM zoning without creating spot zoning. The Petitioner hereby proffers and agrees that, if the said tract is rezoned as requested, the rezoning will be subject to and the Petitioner will abide by the following conditions: 1. C~ The rezoned property, if developed shall be developed in conformance with the attached concept site plan ~ prepared by Sheffier and Associates, dated November 30, 1988, subject only to such modifications as may be required by the City of Roanoke as a result of the site plan review process of the City; provided, however, there shall be no modification made to the following as shown on the concept site plan, e:g. location of entrance access road. 2. Landscaoino. screenino, and buffers: The rezoned property shall be landscaped in accordance with the attached concept site plan prepared by Sheffier and Associates, dated November 30, 1988. All plantings shall be planted prior to the issuance of a certificate of occupancy for the structure to be erected on the rezoned property. Plant selection and final number, location, and species subject to approved landscape plans by the City of Roanoke review process. A buffer area between the residential adjoining properties on the westerly boundary of the property shall be maintained and replaced as necessary. Attached as ~ are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the subject property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 8th day of December, 1988. Enclosures {~wner ~' ' James E. Lyle, Jr. P. O. Box 176 Roanoke, Virginia 24002 James E. Lyle, Jr. P. O. Box 176 Roanoke, Virginia 24002 703 981-1347 December 8, 1988 Mr. Tom Tasselli Office of Community Planning City of Roanoke, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Rezoning Petition - James E. Lyle, Jr., tract of land lying northerly of Wise Avenue at the intersection of Eighteenth (18th) Street, Roanoke, Virginia, being the rear portions of two lots in Block 36 and a strip between Blocks 35 and 36 McDonald Addition and consisting of official tax map numbers 4210238, 4210235, and 4210237 from RM-1 (residential multifamily, Iow density district) to LM (light manufacturing district) Dear Mr. Tasselli: Thank you for meeting with me concerning the above rezoning petition. I enclose herewith two copies of the petition, together with our check payable to the City of Roanoke in the amount of $ 3 i O, OO. Please let me know if you have any questions. I understand that, if the enclosed documentation meets with your approval, you will forward it on to the City Clerk for filing and the City Clerk will then notify me regarding the time for the first public hearing. I will greatly appreciate your calling me (703-981-1347) if there is any problem which may cause any delay. Many thanks for your assistance. Sincerely yours, . ~ James E. Lyle, 'Or. Petitioner/Owner Enclosures Q3dO33A30Nfl ZZZOIZtl, ~/ :, #88013 ADJOINING PROPERTY OWNER LIST OFFICIAL TAX NUMBER 421 021 7 4210218 421 021 9 421 O220 4210221 421 0233 4210234 4210236 EXHIBIT 'B' 4210301 OWNER'S NAME AND MAILING ADDRESS City of Roanoke Municipal Building Roanoke, Virginia 24000 City of Roanoke Municipal Building Roanoke, Virginia 24000 C. H. Elswick, Jr. 6341 Pinetree Lane Roanoke, Virginia 24019 City of Roanoke Municipal Building Roanoke, Virginia 24OO0 William P. Johnson R O. Box 236 Vinton, Virginia 24179 James H. EIkins 1734 Wise Avenue Roanoke, Virginia 24013 Fujie Quesenberry 1736 Wise Avenue Roanoke, Virginia 24013 Cleveland Joseph Gordon 1738 Wise Avenue Roanoke, Virginia 24013 James E. Lyle, Jr. R O. Box 176 Roanoke, Virginia 24002 ADJOINING PROPERTY OWNER LIST EXHIBIT 'B' OFFICIAL TAX NUMB OWNER'S NAME AND MAILING ADDRESS 4210332 4210721 4210801 4210808 William R Johnson R O. Box 236 Vinton, Virginia 24179 Howard William Duvall 107 18th Street, S.E. Roanoke, Virginia 24013 Harriett Burton Wetzel 1817 Wise Avenue, S.E. Roanoke, Virginia 24013 Marvin E. Andrews 3212 Pineland Road, S.W. Roanoke, Virginia 24018 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGIN~¥ C~ ~-i'~!~:iJE PERTAINING TO THE REZONING OF: ~8 ~C 28 ~8:42 Request from James E. Lyle, Jr., that tracts of land) lying on the northerly side of Wise Avenue, S.E., ) designated official tax nos. 4210238, 4210235 and ) 4210237, be rezoned from RM-1, Residential Multi- )AFFIDAVIT Family District to LM, Light Manufacturing District,) such rezoning to be subject to certain conditions ) proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of 915.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of December, 1988, notices of a public hearing to be held on the 4th day of January, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 4210217 4210218 4210220 OWNERt AGENT OR OCCUPANT City of Roanoke ADDRESS 4210219 4210221 4210332 4210233 4210234 4210236 4210721 4210801 4210808 C. H. Elswick, Jr. 6341 Pinetree Lane Roanoke, VA 2401~ William P. Johnson P.O. Box 236 Vinton, VA 24179 James H. & Peggy A. Elkins 1734 Wise Avenue Roanoke, VA 24013 Fujie Quensenberry Cleveland & Ruth Gordon Howard & Kathy Duvall Harriett Burton Wetzel Marvin & Mabel Andrews 1736 Wise Avenue.Sd' Roanoke, VA 24013 1738 Wise Avenue~d~/ Roanoke, VA 24013 107 18th Street, SE Roanoke, VA 24013 1817 Wise Avenue ~ Roanoke, VA 24013 3212 Pineland Road, Roanoke, VA 24018 Mar%ha Pace Franklin SW SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 1988. My Commission Expires: Off~ce of the City Clerk February 22, 1989 File #27-2 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29469, providing for the acquisition of real estate needed by the City for the construction of the Williamson Road Storm Drain, Phase II, Contract I-D; authorizing you to fix to a certain limit the con- sideration to be offered by the City for the needed real estate; providing for the City's acquisition of such real estate by con- demnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the par- cels for the purpose of co~encing the project; and directing the mailing of this Ordinance to certain propert~ owners, which Ordinance No. 29469 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. l~arker, CMC City Clerk MFP:sw Enco pc: M~. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Right-of-Way Agent Room 456 Municipal Buildincj 2t5 C~urch Avenue SW Roanoke. ~rg~nia 24011 (703) 981-2541 Office of the City Cler~ February 22, 1989 File #27-2 Ms. Frances Huff Carr 2412 Robin Hood Road, S. Roanoke, Virginia 24014 Dear Ms. Cart: I am attaching copy of Ordinance No. 29469, providing for the acquisition of real estate needed by the City for the construction of the Williamson Road Storm Drain, Phase II, Contract I-D; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the needed real estate; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this Ordinance to certain property owners, which Ordinance No. 29469 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CHC City Clerk MFP:sw Eno. Room 456 Municipal Building 215 Church Avenue SW Roano¥.,e. V~rg~nia 24011 (703) 98t-254~ Or, ce of ~e City Cler~ February 22, 1989 File #27-2 Mr. Paul E. Norris, Vice President Dominion Trust Company, P. 0. Box 13327 Roanoke, Virginia 24040-0001 Dear Mr. Norris: I am attaching copy of Ordinance No. 29469, providing for the acquisition of real estate needed by the City for the construction of the Williamson Road Storm Drain, Phase II, Contract I-D; authorizing the City Manager to fix to a certain limit the consideration real estate; providing estate by condemnation, the City to make motion of the parcels for the directing the mailing owners, which Ordinance to be offered by the City for the needed for the City's acquisition of such real under certain circumstances; authorizing for the award of a right of entry on any purpose of cor~nencing the project; and of this Ordinance to certain property No. 29469 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, /l~t~,l~-, Mary F. Parker, CMC City Clerk MFP:sw Enco Room 456 Municit~l Building 215 C~hurch Ave,qu~ SW Roanoke. V~rg~nia 240t I (703) 981-2541 C~ce of ~he CiP/Cler~ February 22, 1989 File #27-2 Mr. & Mrs. Peter Huff Ring Box 521, State Route 666 Moneta, Virginia 24121 Dear Mr. and Mrs. Ring: I am attaching copy of Ordinance No. 29469, providing for the acquisition of real estate needed by the City for the construction of the Williamson Road Storm Drain, Phase II, Contract I-D; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the needed real estate; providing for the City's acouisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of corr~nencing the project; and directing the mailing of this Ordinance to certain property owners, which Ordinance No. 29469 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:sw Eno. Room 456 Municil:~l Building 215 Church Avenue SW Roanoke V~rg~nia 240t I (703) 981-254t Office oft'he City Clerk Februar~ 22, 1989 Fi le #27-2 Mr. W. Heywood Fralin, Attorney 3912 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Fralin: [ am attaching copy of Ordinance No. 29469, providing for the acquisition of real estate needed by the City for the construction of the Williamson Road Storm Drain, Phase II, Contract I-D; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the needed real estate; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this Ordinance to certain propert~ owners, which Ordinance No. 29469 was adopted by the Council of the City of ~oanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Mary F. Parker, ChiC City Clerk MFP: sw Enc. Room 456 Municipal Building 215 C~urch Avenue SW Roc~noke ~rg~nict 2401 t (703) 98t-2541 IN THE COUNCIL OF TRE CITY OF ROANOKE, The 21st day of February, 1989. No. 29469. VIRGINIA, AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Williamson Road Storm Drain Phase II, Contract I-D; authorizing the City Manager to fix to a cer- tain limit the consideration to be offered by the City for the needed real estate; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the property owners. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Williamson Road Storm Drain Phase II, Contract I-D, including certain sanitary sewer improvements, in this City, the City wants and needs a 4.5 acre parcel of real estate, as more particularly described as follows: 4.496 Acre Parcel A parcel of property situate on the westerly side of Interstate 581 in the City of Roanoke, Virginia. Being a portion of the land commonly known as the Ruff Estate, as described in Roanoke City Deed Book 1422, page 827, and Roanoke City Deed Book 1422, page 829, and being more particularly described as follows: BEGINNING at an iron pin set on the westerly right-of- way line of Interstate 581, thence with said right-of- way line S. 48° 46' 48" E., 201.20 feet to a concrete monument found, thence S. 41° 34' 11" E., 151.38 feet to a concrete monument found, thence S. 55° 59' 26" E., 117.65 feet to an iron pin set, thence leaving said right-of-way line with new division lines S. 17° 18' 48" W., 345.00 feet to an iron pin set, thence N. 69' 54' 21" W., 480.00 feet to an iron pin set, thence N. 23° 13' 12" E., 518.00 feet to the Point of BEGINNING of this description and containing 4.496 acres, more or less, as more particularly set forth on "Plat of Survey for the City of Roanoke Showing the Subdivision of a 27.966 acre Tract Property of Dominion Trust Co. et al," dated April 5, 1988, a copy of which is incorporated herein by refer- ence. and a twenty (20) foot roadway easement, more particularly described as foliows: ROADWAY EASEMENT TOGETHER with a new 20' roadway easement BEGINNING at the southwest corner of the above-mentioned tract. Being entirely north of a Iine N. 77° 02' 30" 527.56 feet to a point in the center of an existing roadway, thence continuing with the new 20' roadway easement, being 10 feet on each side of the aforesaid existing roadway, thence with the existing roadway 0° 47' 11" E., 121.52 feet, thence S. 1° 58' 01" 100.75 feet to a point at the centerline of an existing 30' entrance easement to the Ruff Estate, thence continuing with the centerline of the said 30' entrance easement S. 04° 53' 00" W., 282.58 feet, S. 25° 45' 00" E., 155.62 feet, S. 26° 06' 00" E., 165.10 feet, S. 25° 45' 00" E., 140.58', S. 15° 15' 00" 881.87 feet to the right-of-way line of Andrews Road, as more particularly set forth on "Plat of Survey for the City of Roanoke Showing the Subdivision of a 27.966 acre Tract Property of Dominion Trust Co. et al," dated April 5, 1988, a copy of which is in- corporated herein by reference; together with a thirty (30) foot storm drain easement, more particu- larly described as follows: STORM DRAIN EASEMENT A certain 30' permanent storm drain easement across a parcel of property lying east of Interstate 581 and bearing Roanoke City Official Tax No. 2370102, as more particularly described on Roanoke City Plan No. 5829-I-A, dated February 16, 1988, a copy of which is incorporated by reference herein. TOGETHER with a temprorary construction easment as shown on Roanoke City Plan No. 5829-I-A. TOGETHER with the right of ingress and egress in and upon the above-described easement area for any and all of the purposes aforesaid; together with temporary construction easements and rights of ingress and egress, and shown on attachments to the the report of the Water Resources Committee, dated February 6, 1989, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the real estate and necessary easements with appropriate ancillary rights with respect to the pro- perty, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable sta- tutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of the aforesaid real estate and necessary ease- ments such consideration as he deems appropriate for the real estate and necessary easements with appropriate ancillary rights, provided, however, the total cousideratiou offered or expended to the owners shall not exceed $145,000.00 without further authorization of Council. Upon the acceptance of the offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to reach an agreement with the owners of the real estate to be acquired or over which an easement is required, regarding the matters described in the above paragraph, or should any owner be a person under a disability and lacking capacity to convey real estate, or should the whereabouts of all of the owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appro- priate real estate. 4. In instituting or conducting any condemnation proceed- ing, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to S25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the owners. 5. The City Clerk is directed to mail a copy of this ordi- nance to the property owners identified in the attachments to the report of the Water Resources Committee, dated February 6, 1989. ATTEST: City Clerk. Office of the City Clerk February 22, 1989 File #60-2-27 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29468, amending and reor- daining certain sections of the 1988-89 Capital Fund Appropria- tions, transferring $145,000.00 from the 1988 Series Public Improvement Bonds, Storm Drain Category, to Williamson Road Retention Basin, in connection with the purchase of certain pro- perty needed for construction of the Williamson Road Storm Drain, Phase II, Contract I-D, Storm Water Retention Basin Project, which Ordinance No. 29468 was adopted by the Council of the City of Roanoke on first reading on Monday, February 13, 1989, also adopted by the Council on second reading on Tuesday, February 21, 1989, and will take effect ten days following the date of its second reading. Sincerely, ~~ Mary F.~arker, CMC City Clerk MFP:sw pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Ruffine, City Engineer Mr. Richard V. Hamilton, Right-of-Way Agent Room 456 Municipal Building 2t5 Church Avenue, SW P,~anoke. Virginia 24~11 (703) 98'~-2..54.1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of February, 1989. No. 29468. AN ORDINANCE to amend and reordain certain sections the 1988-89 Capital Fund Appropriations. of BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Capital fund Appropriations, be, and the same are hereby, a~ended and reordained to read as follows, in part: Appropriations Sanitation Williamson Road Retention Basin (1) ................ Capital Improvement Reserve Public Improvement Bonds - Series 1988 (2) ......... $ 6,813,618 145,000 6,943,502 6,093,224 1) Appr. from Bonds (008-052-9622-9001) $ 145,000 2) Storm Drains (008-052-9603-9176) (145,000) ATTEST: City Clerk. Roanoke, Virginia February 6, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Property Acquisition - Williamson Road Storm Drain Phase II, Contract I-D - Stormwater Retention Basin The attached report was considered by the Water Resources Cox~nittee at its regularly scheduled meeting on January 23, 1989. The Committee recommends that Council take the following actions: Authorize the City Manager to make an offer of $145,000 to purchase the subject property and easements. Authorize the proper officials to institute and conduct con- demnation proceedings if necessary. Appropriate $145,000 from the 1988 Series Public Improvement Bonds, Storm Drain Category into an account titled Williamson Road Retention Basin to be established by the Director of Finance. Respectfully submitted, T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works City Engineer Right of Way Agent INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: SUBJECT: January 23, 1989 mbers,Water Resource Committee B~. i~s~er, Dire~-~of Utilities & Operations W. Robert Herber~Manager Property Acquisition Williamson Road Storm Drain Phase II, Contract I-D Stormwater Retention Basin I. Backsround: Project is part of the on-going design and construction of the overall storm drainage system of the Williamson Road area and is composed of a 4.5 acre stormwater retention faci- lity located along the west right-of-way line of Interstate 581 on a portion of the property now owned by Dominion Trust Company, et al, Tax Map Number 2360101, (see attached sketch). Retention facility is critical in regard to further schedul- ing of the last three (3) remaining segments of the Williamson Road Storm Drainage System which will serve the Round Hill/Grandview/Huff Lane area. The stormwater control provided by this facility must be in place before the other three (3) segments can be scheduled or advertised for construction. II. Current Situation: Project design for the retention facility is now complete. The necessary reviews have been made and it is imperative to advertise for construction at the earliest possible date in order to maintain the current schedules for the overall Williamson Road Storm Drainage System. Bo Appraisals of the 4.5 acre tract for the retention facility and associated easements have been made both by the City and property owner with owner's appraisal 10% higher than the City. C. City Administration concurs with the owner's appraisal of $145~000.00. Page 2 III. Issues in order of importance: A. Maintaining project schedule B. Right of entry C. Cost D. Fundin8 IV. Alternatives are: mo Committee recommend to City Council that it authorize the City Manager to offer on behalf of the City of Roanoke to Dominion Trust Company, et al, the fair market appraised value of $145,000.00 for the purchase of the 4.5 acre reten- tion facility tract and associated easements. The Committee shall recommend that should the City of Roanoke be unable to agree with Dominion Trust Company, et al, on any of the subject property to be acquired, City Council authorize condemnation or legal proceedings to acquire the subject property. Maintainin8 project schedules can be accomplished by advertising the retention facility project at the earliest possible date. Right of entry, pursuant to §25-46.8, Code of Virginia (1950), as amended, will be sought for the purpose of expediting the project which right of entry is subject to a finding by the Court that an emergency exists justifying such entry. Cost of retention facility tract and associated ease- ments is deemed as the fair market value of the subject property. 4. Fundin8 is available in the 1988 Series Public Improvement Bonds, Storm Drain Category. Bo Committee not recommend to City Council that it authorize the City Manager to offer on behalf of the City of Roanoke to Dominion Trust Company, et al, the fair market appraised value of $145,000.00 for the subject property and associated easements and not authorize condemnation or legal proceedings to acquire the subject property. 1. Maintainin~ project schedules could not be accomplished due to further delays in negotiations with the owner. Page 3 2. Right of entry may not be an issue. 3. Cost of retention facility tract and associated ease- ments may increase with further delays. 4. Funding is still available in the 1988 Series Public Improvement Bonds, Storm Drain Category. Committee recommend to City Council that it authorize the imple- mentation of Alternative "A" with the following actions: A. Authorize the City Manager to make an offer of $145,000.00 to purchase the subject property and easements. B. Authorize the proper officials to institute and conduct con- demnation proceedings if necessary. Appropriate $145,000.00 from the 1988 Series Public Improvement Bonds, Storm Drain Category into an account titled Williamson Road Retention Basin to be established by the Director of Finance. KBK/ES/mm Attachment cc: City Attorney Director of Finance Director of Utilities & Operations Director of Public Works City Engineer Right-of-Way Agent PROJECT LOCAT,.I ON HAP LOWER SEGMENT HILl. PROJECT SITE C) AA .~O,6~ogt, N LgS ~lVlS~31NI u t 011